GEORGE VAUGHAN, Esq. was the son of Major William Vaughan,1715. who had been so ill used by former Gov­ernors, and had suffered so much in the cause of his country, that the advancement of his son, to the office of Lieutenant Governor, was esteemed a mark of particu­lar favor, from the Crown to the Prov­ince, and a singular gratification to the parent, then in the decline of life. The Lieutenant Governor had been employed by the Province, as their agent in England, to manage their defence against Allen. There he was taken notice of, by some persons of quality and influence, with whom his father had been connected; and by them he was recommended as a candidate for the honor to which he was now advanced.

After he had arrived, and opened his commission; Dudley,Oct. 1▪ though not actually [Page 18] superseded, yet daily expecting Burges to succeed him, did not think it proper to come into the Province, or perform any acts of government; so that, during a year,Nov. 8. Vaughan had the sole command. In this time he called an Assembly, who grant­ed him the product of the impost and ex­cise, for one year, but refused to establish these duties for any longer time; upon which he dissolved them,1716. and called anoth­er;August 21. to whom he recommended, in a style too peremptory,Assembly Records. the establishment of a perpetual revenue to the Crown; a matter in which he had been so much engaged, that while in England,MS letter of Sir W. Ashurst to Dr. I. Mather. ‘he presented a memorial to the King and Ministry, to bring New-England into the land tax of Great Britain; and proposed that a Re­ceiver should be appointed by the Crown.’ The Assembly was of opinion, that the public charges might be defrayed in the usual manner, by an equal tax on polls and estates; and declined laying an im­post, or entering on any, but the common business of the year, till the arrival of a Governor.

Oct. 17.When Governor Shute came to the chair, several of the old Counsellors were laid aside, and six new ones appointed, all [Page 19] of whom were inhabitants of Portsmouth. That town, at the same time, was unhap­pily agitated by a controversy, which had for some years subsisted between the two parishes. This had not only imbittered the minds of the people, but had preju­diced some of the members of the Coun­cil and Assembly; so as to affect the pro­ceedings of the Legislature, and break the harmony, which had been preserved in that body, during the preceding administra­tion. The Governor, in his first speech to the Assembly,1717. took notice of their divi­sion, and advised them to unanimity.Jan. 10. They thanked him for his advice, but re­monstrated against the removal of the old Counsellors,Jan. 23. and the confining of the new appointments, both in the Council and the Judicial Courts, to residents in one town, as being contrary to former usage, and giv­ing an advantage, to the trading, above the landed interest. This, they said, was the reason that an impost could not now be obtained, and that the whole burden of taxes was laid on the husbandman, and the laborer, who had been greatly impover­ished by the late war. The Governor wisely avoided an answer to this remon­strance, by putting it on the Council, who [Page 20] were a party in the controversy. The Council, in their answer, acknowledged that the Province had been much distress­ed by the war;Jan. 28. but had in a great measure recovered; that there would have been no opposition to an impost, if the Represen­tatives had agreed to an act of export, ac­cording to the practice in England; that the King had a right to appoint his Coun­sellors, from any part of the Province; that it was an affront to the prerogative to find fault with the exercise of this right; and that it was most convenient for the affairs of government, especially upon sud­den emergencies, that the Council should reside near the seat of government. This answer might have appeared decent enough if they had not added, that they were ‘gen­tlemen of the best quality, and greatest ability to serve the government, in that station; and had as good or better estates in land, and land securities, than any in the House, and not inferior to the gen­tlemen who were laid aside.’

While these altercations were in hand there was a great complaint of the scarci­ty of money, and some expedient was judged necessary to supply the place of current coin. A proposal was made to is­sue [Page 21] ten thousand pounds in bills, on loan, for twenty-three years, at five per cent. on land security. In this both Houses agreed;Jan. 24. but the next day the Council proposed to enlarge the sum to fifteen thousand pounds, to which the House would not consent. The Governor then ordered the House to attend a conference with the Council; they desired to know on what subject; he gave them no answer, but commanded their attendance. Having conferred a­bout the proposed loan to no purpose, the circumstance of asking on what subject they were to confer was deemed an affront, and served as a pretext for dissolving them. The next assembly was more pliant, and issued fifteen thousand pounds, on loan,Assembly Records. for eleven years, at ten per cent.

A controversy also arose between the Governor and Lieutenant Governor about the power of the latter, in the absence of the former. Vaughan contended, that when the Governor was present in his other Province, he was absent from New-Hamp­shire, and consequently that the adminis­tration devolved on him. The position was a metaphysical truth, but the infer­ence was to be measured by political rules. Shute alleged that his commissions, being [Page 22] published and recorded, in New-Hamp­shire and Massachusetts, he had the pow­er of commander in chief over both Pro­vinces, during his residence in either; and thought it an absurdity to suppose, that the King had appointed the Gover­nor commander in chief, for five or six weeks only in the year, and the Lieutenant Governor during the rest of the time; and that if the Lieutenant Governor should happen, in that time, to step over the Province line, the senior Counsellor must take the chair; this he said would make the Province 'a monster with three heads.' The controversy was soon brought to an issue; for Vaughan received an order from Shute, while at Boston, to appoint a fast, which he did not obey; he received ano­ther to prorogue the Assembly, instead of which he dissolved them, without the ad­vice of Council. He required the opinion of the Council on the extent of his power, but they declined giving it. Penhallow, the Governor's chief friend, was a warm opposer of Vaughan's pretensions, and in­curred so much of his displeasure, that he publicly charged him with sowing discord in the government,Sept. 24. and suspended him from his seat in Council. On hearing this, [Page 23] Shute hasted to Portsmouth, and having summoned the Council, ordered the King's instruction to him for suspending Counsel­lors to be read, and demanded of Vaughan whether he had any instruction which su­perseded it. He answered, No. The Gov­ernor then asked the Council's advice whether the suspension of Penhallow was legal; they answered in the negative.Council Minutes. He then restored him to his seat, and suspend­ed Vaughan.

The Assembly, which Vaughan had as­sumed the right to dissolve, met again, and approved the proceedings against him, jus­tifying the construction which the Gover­nor had put on his commission, and his opinion of the extent of the Lieutenant Governor's power; which was ‘to observe such orders, as he should from time to time receive from the King or the Gover­nor in chief.’ The Representatives of Hampton presented a remonstrance; in which, admitting the Lieutenant Gover­nor's opinion that ‘when the Governor is out of the Province, the Lieutenant Gov­ernor is impowered to execute the King's commission,’ and asserting that the Gov­ernor was not in the Province when the Lieutenant Governor dissolved the Assem­bly,Assembly Records. [Page 24] they declared that they could not act with the House, unless they were re-elect­ed. This remonstrance was deemed a libel, and the Governor in Council having summoned them before him, laid them un­der bonds of four hundred pounds each, for their good behaviour.Council Minutes. He then issu­ed a proclamation, asserting his sole pow­er, as commander in chief; and declaring that the Lieutenant Governor had no right to exercise any acts of government with­out his special order.Penhal­low's MSS.

To maintain a controversy with a supe­rior officer on the extent of power, equal­ly claimed by both, requires a delicacy and address which does not fall to the lot of every man. An aspiring and precipitate temper may bring on such a contention, but disqualifies the person from managing it with propriety. Had Vaughan propos­ed to submit the question to the King, he would have acted more in character, and might have preserved his reputation, though he had lost his power. But hav­ing offended the Governor, and disgusted the Council and Assembly, he could hope for no favor from the Crown. When the report of the proceedings was sent to Eng­land, Sir William Ashurst, who had great [Page 25] interest at Court, and was a friend to New-England, and who greatly disrelished the memorial which Vaughan had formerly presented to the King,Ashurst's letter MS. easily found means to displace him; and in his room was ap­pointed JOHN WENTWORTH, Esq. whose commission was published on the seventh of December. The celebrated Mr. Ad­dison, being then Secretary of State, this commission is countersigned by a name particularly dear to the friends of liberty and literature.Orig. MS.

John Wentworth, Esq. grandson of William Wentworth, formerly mention­ed as one of the first settlers of the country, had been in the early part of his life, commander of a ship; and had acquir­ed a handsome fortune by mercantile in­dustry. Without any superior abilities or learning, by a steady attention to business, and a prudent obliging deportment, he had recommended himself to the esteem of the people. Having been five years in the Council, before his appointment as Lieu­tenant Governor, he had carried the same useful qualities into public life, and pre­served or increased that respect which he had acquired in a private station. The rancour of contending parties made mod­eration [Page 26] a necessary character in a chief magistrate; and the circumstances of the Province, at that time, required a person of experience in trade, at its head.

It being a time of peace, after a long and distressing war, the improvement of which the Province was capable, in regard to its natural productions, lumber and na­val stores, rose into view and became ob­jects of close attention both here and in England. As early as 1668, the govern­ment of Massachusetts,Mass. Rec. under which the Province then was, had reserved for the public use all white pine trees of twenty-four inches in diameter, at three feet from the ground. In King William's reign, a surveyor of the woods was appointed by the Crown;Council Minutes. and an order was sent to the Earl of Bellamont, to cause acts to be pas­sed in his several governments for the pre­servation of the white pines. In 1708 a law made in New-Hampshire prohibited the cutting of such as were twenty-four inches in diameter,Laws Chap. 20. at twelve inches from the ground, without leave of the survey­or; who was instructed by the Queen, to mark with the broad arrow, those which were or might be fit for the use of the na­vy, and to keep a register of them. What­ever [Page 27] severity might be used in executing the law, it was no difficult matter for those who knew the woods and were concerned in lumber, to evade it; though sometimes they were detected and fined. Great com­plaints were frequently made of the de­struction of the royal woods;Usher's MSS. every Gov­ernor and Lieutenant Governor had oc­casion to declaim on the subject in their speeches and letters;Council & Assembly Records. it was a favorite point in England, and recommended them to their superiors as careful guardians of the royal interest. On the other hand, the people made as loud complaints against the surveyor, for prohibiting the cutting of pine trees, and yet neglecting to mark such as were fit for masts; by which means many trees, which never could be used as masts, and might be cut into logs for sawing, were rotting in the woods;Penhal­low's MSS. or the people who got them were exposed to a vexatious prosecution. When no surveyor was on the spot, the Governor and Council appointed suitable persons to take care that no waste should be made of the mast trees; and these officers, with a very moderate allowance, performed the duty, to much better purpose, than those who were sent from England and main­tained at a great expense to the Crown.Assembly Records.

[Page 28] 1718.As those trees which grew within the limits of the townships were deemed pri­vate property, the people were desirous to get other townships laid out, that the trees might be secured for their own use. This was a difficult point. The Assembly, in 1704, during the controversy with Allen, had explicitly disclaimed all title to the waste lands, by which they understood all those without the bounds of their towns. The heirs of Allen kept a jealous eye up­on them. Usher, who claimed by mort­gage from Governor Allen, was still living, and was daily inviting purchasers by ad­vertisements.N. England Courants. The heir of Sir Charles Hobby, whose claim was founded on pur­chase from Thomas Allen, had offered his title to the Assembly, but they had refused it. The creditors of Hobby's estate had applied for letters of administration; and though the matter had been, by the Judge of Probate,Assembly Records. submitted to the General Court, and by their advice suspended, yet the let­ters had been granted. Allen's other heirs were in a state of minority in England; but their guardian was attentive to their interest. The controversy had become more complex than before;Print. state of Allen's title. and the claimants, however multiplied in number and discordant in their [Page 29] views, yet had an interest separate from that of the public. The royal determina­tion could not be had, but on an appeal from a verdict at law; but no suits were now pending; nor could the lands be granted by royal charter, without seem­ing to intrench on the property of the claimants. Notwithstanding these diffi­culties, the necessity of extending the set­tlements, and improving the natural ad­vantages of the country, was too apparent to be neglected.

Great quantities of iron ore were found in many places;1719. and it was in contem­plation to erect forges on some of the riv­ers, and to introduce foreign artists and laborers to refine it. A law was made laying a penalty of ten pounds per ton,Laws Chap. 90. on the transporting of it out of the province; but for the further encouragement of the man­ufacture, it was deemed necessary, that some lands should be appropriated, to the pur­pose of supplying with fewel, the iron works which were to be erected,Council Minutes. on Lam­prey river, and of settling the people who were to be employed in that service. On this occasion, it was recollected, that in 1672, while this Province was subject to the Massachusetts government, and after the [Page 30] town of Portsmouth had made a liberal contribution for the rebuilding of Harvard College, a promise had been made by the General Court to grant to that town a quantity of ‘land for a village, when they should declare to the court the place where they desired it.Mass. Rec.’ Upon this, a pe­tition was presented to the Governor and Council praying for a fulfilment of this promise; and after some hesitation, a grant was made of a slip of land two miles in breadth,Council Minutes. above the head line of Dover, for the use of the iron works, which was called the ‘renewing a grant former­ly made.’ This was known by the name of the two mile slip, and it was afterward included in the township of Barrington.

In some parts of the Province, were many pitch pine trees, unfit for masts, but capable of yielding tar and turpentine. A monopoly of this manufacture had been attempted by a company of merchants; but when many thousand trees were pre­pared for use they were destroyed by un­known hands.Council Minutes. Laws. Chap 19. Afterward a law was made providing that tar should be receiv­ed in lieu of taxes, at twenty shillings per barrel. This encouraged the making of it for some time.Chap. 94. Another law laid a pen­alty [Page 31] on the injuring of trees for drawing turpentine. But private interest was too strong to be counteracted by a sense of public utility. Too many incisions being made in the trees at once, they were soon destroyed; and as those which were near at hand became scarce, the manufacture was gradually discontinued.

Hemp was another object. Some had been sown, and from the specimen of its growth, much advantage was expected. An act was made to encourage it;Chap. 94. and it was allowed to be received at the treasury, in lieu of money, at one shilling per pound. But as there was scarcely land enough in cultivation, for the production of corn, it was vain to think of raising a less necessa­ry commodity.

The Parliament of England was atten­tive to the advantages which might be de­rived to the nation from the Colonies, to which they were particularly incited by the war, which at this time raged between Sweden and Russia, the grand marts for naval stores in Europe. A duty which had been paid on lumber imported from America, was taken off; and this was es­teemed so great a favor to New-Hamp­shire that the Assembly thanked Shute forAssembly Records. [Page 32] the share he had in obtaining it. About the same time, an act of Parliament was made for the preservation of the white pines. Penalties in proportion to the size of the trees, were laid on the cutting of those which grew without the bounds of townships; and for the greater terror, these penalties were to be recovered by the oath of one witness, in a court of Admi­ralty; where a single Judge, appointed by the Crown, and removeable at pleasure, determined the cause without a Jury.Statute of George I. Chap 12. While this bill was pending, Henry New­man, the agent for New-Hampshire, peti­tioned against the severity of it,MS peti­tion. but with­out effect.

Great inconveniencies had arisen for want of a due settlement of the limits of the Province. The people who lived near the supposed line, were sometimes taxed in both Provinces, and were liable to arrests by the officers of both; and some times the officers them­selves were at variance, and imprisoned each other. Several attempts had been made to remove the difficulty, and letters frequently passed between the two Courts on the subject, in consequence of petitions and complaints from the borderers. In [Page 33] 1716, Commissioners were appointed by both Provinces, to settle the line. The New-Hampshire Commissioners were fur­nished by Lieutenant Governor Vaughan, with a copy of the report of the Lords Chief Justices in 1677,Original MS in­structions. and were instructed ‘to follow the course of the river Merri­mack, at the distance of three miles north as far as the river extends.’ The com­missioners on the other side complained that this power was not sufficient;MS letter Lt. Gover­nor Went­worth. if by sufficient it was meant that they had no power to vary from their instructions, the objection was true, but why this should have been objected it is not easy to account, since the instructions would have given Massachusetts all which they could claim by virtue of their old charter; or the judg­ment upon it, on which they always laid much stress. Three years afterward the affair was agitated again, in obedience to an order from the Lords of trade; who directed a map to be drawn and sent to them, in which the boundaries of the Province should be delineated,Original MS order. and the best accounts and vouchers procured to elucidate it. Commissioners were again appointed to meet at Newbury;Original MS in­structions. and those from New-Hampshire were instruct­ed by Lieutenant Governor Wentworth [Page 34] to confer with the others; and if they could agree, in fixing the place where to begin the line, they were to report accord­ingly; but if not, they were to proceed ex parte ‘setting their compass on the north side of the mouth of Merrimack riv­er at high water mark, and from thence measuring three miles on a north line, and from the end of the first three miles on a west line, into the country, till they should meet the great river which runs out of Winipisiogee pond.’ To this idea of a west line, the Massachusetts Commis­sioners objected; and desired that the com­mission of the Governor of New-Hamp­shire might be sent to Newbury, which was refused, and the conference ended without any agreement. However, a plan was drawn, agreeably to these instructions, and sent to the Lords of trade; and New­man the agent was instructed to solicit for a confirmation of it. In these instruc­tions, the ideas of the gentlemen in govern­ment are more fully expressed.Penhal­low's MSS. The due west line on the southern side of the Prov­ince, they supposed, ought to extend as far as Massachusetts extended. The line on the northerly side adjoining to the Prov­ince of Maine, they supposed, ought to be drawn, up the middle of the river Pascat­aqua, [Page 35] as far as the tide flows in the New­wichwannock branch; and thence north­westward, but whether two or more points westward of north was left for further consideration.

While these things were in agitation, the Province unexpectedly received an ac­cession of inhabitants from the north of Ireland. A colony of Scots presbyterians had been settled in the Province of Ulster,Hume. in the reign of James I; they had borne a large share in the sufferings, which the protestants in that unhappy country un­derwent, in the reign of Charles I and James II; and had thereby conceived an ardent and inextinguishable thirst for civil and religious liberty. Notwithstanding the peace which Ireland had enjoyed, since the subjection of the Popish party by King William, some penal laws were still in force; which, with the inconvenience of rents and tithes, made these people wish for a settlement in America; where they might be free from these burthens and have full scope for their industry. One Holmes, a young man, son of a clergyman, had been here and carried home a favora­ble report of the country,MS of John Har­vey. which induced his father, with three other presbyterian [Page 36] Ministers, James Macgregore, William Cornwell, and William Boyd, and a large number of their congregations, to resolve on an emigration. Having converted their substance into money, they embarked in five ships,Oct. 14. 1718. and about one hundred fami­lies of them arrived at Boston. Cornwell, with about twenty families more, arrived at Casco. They immediately petitioned the Assembly of Massachusetts for a tract of land; who gave them leave to look out a settlement of six miles square, in any of the unappropriated lands at the eastward. After a fruitless search along the shore, finding no place that suited them there; sixteen families, hearing of a tract of good land, above Haverhill, called Nutfield (from the great number of chesnut and walnut trees there) and being informed that it was not appropriated, determined there to take up their grant; the others dispersed themselves into various parts of the country.

As soon as the spring opened, the men went from Haverhill, where they left their families,April 11. and built some huts near a brook which falls into Beaver River, and which they named West-running brook. The first evening after their arrival, a sermon was preached to them under a large oak, [Page 37] which is to this day regarded with a degree of veneration. As soon as they could col­lect their families, they called Macgregore to be their minister, who since his arrival in the country had preached at Dracut. At the first sacramental occasion, were present two ministers and sixty-five com­municants. Macgregore continued with them till his death;March 5, 1729. and his memory is still precious among them: He was a wise,Ae [...] 52. affectionate and faithful guide to them, both in civil and religious concerns. These people brought with them the necessary materials for the manufacture of linen; and their spinning wheels, turned by the foot, were a novelty in the country. They also introduced the culture of potatoes, which were first planted in the garden of Nathaniel Walker of Andover. They were an industrious, frugal and conse­quently thriving people.

They met with some difficulty in ob­taining a title to their lands. If the due west line between the Provinces had been established, it would have passed through their settlement and divided it between Massachusetts and New-Hampshire▪ but the curve line, following the course of Merrimack at three miles distance, would leave them unquestionably in New-Hamp­shire. [Page 38] This was the idea of the General Court of Massachusetts, who, upon appli­cation to them for a confirmation of their former grant, declared them to be out of their jurisdiction. Among the many claimants to these lands, they were inform­ed, that Col. Wheelwright of Wells had the best Indian title, derived from his an­cestors. Supposing this to be valid in a moral view, they followed the example of the first settlers of New-England, and ob­tained a deed of ten miles square, in virtue of the general license granted by the In­dian Sagamores in 1629. To prevent dif­ficulty from Allen's claim, they applied for leave of settlement to Col. Usher, who told them that the land was in dispute,Usher's MSS. and that he could not give them leave, but that he supposed they might settle on it, if they would hold it either of the King or of Allen's heirs, as the case might be determined. They also applied to the Lieutenant Governor of New-Hampshire, who declined making them a grant in the King's name; but, by advice of Council, gave them a protection, and extended the benefit of the law to them; appointing James McKean to be a Justice of the Peace,Council Minutes. and Robert Wier a Deputy Sheriff.

[Page 39]Some persons who claimed these lands,1720. by virtue of a deed of about twenty years date, from John, an Indian Sagamore, gave them some disturbance; but, having obtained what they judged a superior ti­tle, and enjoying the protection of gov­ernment, they went on with their planta­tion; receiving frequent additions of their countrymen, as well as others, till in 1722, their town was incorporated by the name of Londonderry,Harvey's & Macgre­gore's MSS from a city in the north of Ireland, in and near to which most of them had resided; and in which some of them had endured the hardships of a mem­orable siege.^*

The settlement of these emigrants, on the waste lands, opened the way for other plantations. Those who had borne the burthens and distresses of war, in defend­ing [Page 40] the country, had long been circum­scribed within the limits of the old towns; but were now multiplied, and required room to make settlements for their chil­dren. They thought it hard to be exclud­ed from the privelege of cultivating the lands, which they and their fathers had defended; while strangers were admitted to sit down peaceably upon them. These were weighty reasons. At the same time no attempt was making, by any of the claimants, to determine the long contest­ed point of property; and in fact, no per­son could give a clear and undisputed title to any of the unsettled lands.

In these circumstances, a company of about one hundred persons, inhabitants of Portsmouth, Exeter and Haverhill, pe­titioned for liberty to begin a plantation, on the northerly part of the lands called Nutfield.1721. These were soon followed by petitioners from the other towns, for the lands which lay contiguous to them. The [Page 41] Governor and Council kept the petitions suspended for a long time, giving public notice to all persons concerned to make their objections. In this time the lands were surveyed, and the limits of four pro­posed townships determined; and the peo­ple were permitted to build and plant up­on the lands ‘provided that they did not infringe on, or interfere with,April 21. Council Records. any form­er grants, possessions or properties.’ Some of these lands were well stocked with pine trees; which were felled in great abun­dance; this occasioned a fresh complaint from the King's surveyor.

At length, charters being prepared, were signed by the Governor;1722. by which four townships, Chester, Nottingham,May 10. Barring­ton and Rochester were granted and in­corporated. The grants were made in the name of the King, who was consider­ed as the common guardian, both of the people and the claimants; but with a clause of reservation, 'as far as in us lies,' that there might be no infringement on the claims.

[Page 42]The signing of these grants was the last act of Government performed by Shute in New-Hampshire. A violent party in Massachusetts had made such strenuous opposition to him and caused him so much vexation, as rendered it eligible for him to ask leave to return to England. He is said to have been a man of a humane, obliging and friendly disposition; but hav­ing been used to military command, could not bear with patience the collision of par­ties, nor keep his temper when provoked. Fond of ease, and now in the decline of life, he would gladly have spent his days in America if he could have avoided con­troversy. The people of New-Hampshire were satisfied with his administration, as far as it respected them; and though they did not settle a salary on him as on his predecessor, yet they made him a grant twice in the year, generally amounting to a hundred pounds,Assembly Records. and paid it out of the excise which was voted from year to year. This was more in proportion, than he re­ceived from his other government. On his departure for England, which was very sudden and unexpected,1723. Lieutenant Gov­ernor Wentworth,Jan. 1. took the chief com­mand, in a time of distress and perplex­ity; the country being then involved in another war with the natives.

TO account for the frequent wars with the eastern Indians, usually called by the French, the Abenaquis, and their unsteadiness both in war and peace; we must observe, that they were situated between the Colonies of two European na­tions, who were often at war with each other, and who pursued very different measures with regard to them.

As the lands, on which they lived, were comprehended in the patents granted by the crown of England, the natives were considered by the English, as subjects of that crown. In the treaties and conferen­ces held with them, they were styled the King's subjects; when war was declared against them, they were called rebels; and when they were compelled to make peace, they subscribed an acknowledgement of their perfidy, and a declaration of their submission to the government, without any just ideas of the meaning of those [Page 44] terms; and it is a difficult point, to deter­mine what kind of subjects they were.

Beside the patents, derived from the Crown, the English in general were fond of obtaining from the Indians, deeds of sale for those lands, on which they were disposed to make settlements. Some of these deeds were executed with legal for­mality, and a valuable consideration was paid to the natives for the purchase; oth­ers were of obscure and uncertain original; but the memory of such transactions was soon lost, among a people who had no written records. Lands had been purchas­ed of the Indian chiefs, on the Rivers Kennebeck and St. George, at an early pe­riod; but the succeeding Indians either had no knowledge of the sales made by their ancestors, or had an idea that such bargains were not binding on posterity; who had as much need of the lands, and could use them to the same purpose as their fathers. At first, the Indians did not know that the European manner of cul­tivating lands, and erecting mills and dams, would drive away the game and fish, and thereby deprive them of the means of sub­sistence; afterward, finding by experience that this was the consequence of admit­ting foreigners to settle among them, they [Page 45] repented of their hospitality, and were in­clined to dispossess their new neighbours, as the only way of restoring the country to its pristine state, and of recovering their usual mode of subsistence.

They were extremely offended by the settlements, which the English, after the peace of Utrecht, made on the lands at the eastward, and by their building forts, block houses and mills; whereby their usual mode of passing the rivers and car­rying-places was interrupted; and they could not believe, though they were told with great solemnity,Governor Shute's conference 1717. that these fortifica­tions were erected for their defence against invasion. When conferences were held with them on this subject, they either de­nied that the lands had been sold, or pre­tended that the Sachems had exceeded their power in making the bargains;Waldo's defence of Loveret's title. or had conveyed lands beyond the limits of their tribe; or that the English had taken advantage of their drunkenness to make them sign the deeds; or that no valuable consideration had been given for the pur­chase. No arguments or evidence which could be adduced would satisfy them, un­less the lands were paid for again; and had this been done once, their posterity after a few years would have renewed the demand.

[Page 46]On the other hand, the French did not in a formal manner declare them subjects of the crown of France;Abbe Raynal. but every tribe, how­ever small, was allowed to preserve its in­dependence. Those who were situated in the heart of Canada kept their lands to themselves, which were never solicited from them; those who dwelt on the riv­ers and shores of the Atlantic, though distant from the French Colonies, receiv­ed annual presents from the King of France; and solitary traders resided with, or occasionally visited them; but no at­tempt was made by any company to set­tle on their lands.

It was in the power of the English to supply them with provisions, arms, am­munition, blankets and other articles which they wanted, cheaper than they could purchase them of the French. Gov­ernor Shute had promised that trading houses should be established among them,1717. ^* and that a smith should be provided to keep their arms and other instruments in repair; but the unhappy contentions be­tween the Governor and Assembly of Mas­sachusetts prevented a compliance with this engagement. The Indians were there­fore [Page 47] obliged to submit to the impositions of private traders, or to seek supplies from the French; who failed not to join with them in reproaching the English for this [...] of promise, and for their avidity in getting away the land.

The inhabitants of the eastern parts of New-England were not of the best cha­racter for religion, and were ill adapted to engage the affections of the Indians by their example. The frequent hostilities on this quarter, not only kept alive a spi­rit of jealousy and revenge in individuals, but prevented any endeavors to propagate religious knowledge among the Indians by the government; though it was one of the conditions of their charter; and though many good men wished it might be attempted. At length Governor Shute, in his conference with their Sachems at Arrowsic, introduced this important busi­ness by offering them in a formal manner, an Indian bible, and a protestant mission­ary; but they rejected both, saying ‘God hath given us teaching already, and if we should go from it we should displease him.’ He would have done much better service, and perhaps prevented a war, if he had complied with their earnest desire to fix a boundary,Judge Sew­al's memo­rial. beyond which the Eng­lish should not extend their settlements.

[Page 48]A gentleman, in conversation with one of their Sachems, asked him why they were so strongly attached to the French,Penhal­low's MSS. from whom they could not expect to receive so much benefit as from the Engl [...] [...] Sachem gravely answered, ‘Because th [...] French have taught us to pray to God, which the English never did.’

Vol. 1. page 253.It has been observed in the former part of this work, that the Jesuits had planted themselves among these tribes. They had one Church at Penobscot, and another at Norridgwog, where Sebastian Rallè, a French Jesuit, resided. He was a man of good sense, learning and address, and by a compliance with their mode of life, and a gentle, condescending deportment, had gained their affections so as to manage them at his pleasure. Knowing the pow­er of superstition over the savage mind, he took advantage of this, and of their pre­judice against the English, to promote the cause, and strengthen the interest of the French among them. He even made the offices of devotion serve as incentives to their ferocity, and kept a flag, in which was depicted a cross, surrounded by bows and arrows, which he used to hoist on a pole, at the door of his church, when he gave them absolution,New Eng­land Cou­r [...]nt, No. 160. previously to their engaging in any warlike enterprise.

[Page 49]With this Jesuit, the Governor of Can­ada held a close correspondence; and by him was informed of every thing trans­acted among the Indians. By this means, their discontent with the English, on ac­count of the settlements made at the east­ward, was heightened and inflamed; and they received every encouragement, to as­sert their title to the lands in question, and molest the settlers, by killing their cattle, burning their stacks of hay, robbing and insulting them. These insolencies discour­aged the people,1720. and caused many of them to remove. The garrisons were then re­inforced; and scouting parties were order­ed into the eastern quarter, under the com­mand of Col. Shadrach Walton. By this appearance of force, the Indians, who dreaded the power of the English, were re­strained from open hostilities. They had frequent parleys with the commanders of forts, and with commissioners who visited them occasionally; and though at first they seemed to be resolute in demanding the removal of the English, declaring that ‘they had fought for the land three times, and would fight for it again;Captain Penhal­low's MSS.’ yet when they were told that there was no alterna­tive but perfect peace or open war, and that if they chose peace they must forbear [Page 50] every kind of insult, they seemed to prefer peace; and either pretended ignorance of what had been done, or promised to make inquiry into it; and as an evidence of their good intentions, offered a tribute of skins, and delivered up four of their young men as hostages.

This proceeding was highly disrelished by the Governor of Canada; who renew­ed his efforts to keep up the quarrel, and secretly promised to supply the Indians with arms and ammunition; though as it was a time of peace between the two crowns,Hutchin­son II. 263. he could not openly assist them.

The New-England governments; though highly incensed, were not easily persuaded to consent to a war. The dispute was be­tween the Indians and the proprietors of the eastern lands, in which the public were not directly interested. No blood had as yet been shed. Canseau had been surprised and plundered, and some people killed there; but that was in the govern­ment of Nova-Scotia. Rallè was regard­ed as the principal instigator of the Indi­ans; and it was thought, that if he could be taken off they would be quiet. It was once proposed to send the Sheriff of York County with a posse of one hundred and [Page 51] fifty men,1721. to seize and bring him to Bos­ton; but this was not agreed to. The next summer, Rallè in company with Cas­tine from Penobscot, and Croisil from Canada, appeared among the Indians, at a conference held on Arrowsic Island,July. with Capt. Penhallow, the commander of the garrison, and brought a letter, written in the name of the several tribes of Indians, directed to Governor Shute; in which it was declared, ‘that if the English did not remove in three weeks, they would kill them and their cattle, and burn their houses.’ An additional guard was sent down; but the government, loth to come to a rupture, and desirous if possible to treat with the Indians separately from the French emissaries, invited them to another conference, which invitation they treated with neglect.

In the succeeding winter, a party under Col. Thomas Westbrooke was ordered to Noridgwog to seize Rallè. They arrived at the village undiscovered, but before they could surround his house, he escaped into the woods, leaving his papers in his strong box, which they brought off without do­ing any other damage. Among these pa­pers were his letters of correspondence with the Governor of Canada, by which [Page 52] it clearly appeared,1722. that he was deeply en­gaged in exciting the Indians to a rupture, and had promised to assist them.

This attempt to seize their spiritual father, could not long be unrevenged. The next summer they took nine families from Merry-meeting bay,June 13. Penhal­low's Indi­an wars, p. 85. and after dis­missing some of the prisoners, retained enough to secure the redemption of their hostages and sent them to Canada. About the same time they made an attempt on the fort at St. George's; but were repulsed with considerable loss. They also surpris­ed some fishing vessels in the eastern har­bours; and at length made a furious at­tack on the town of Brunswick, which they destroyed. This action determined the government to issue a declaration of war against them, which was published in form at Boston and Portsmouth.July 25.

New-Hampshire being seated in the bosom of Massachusetts, had the same in­terest to serve, and bore a proportionable share of all these transactions and the ex­penses attending them. Walton, who first commanded the forces sent into the eastern parts, and Westbrooke, who suc­ceeded him, as well as Penhallow, the commander of the fort at Arrowsic, were New-Hampshire men; the two former [Page 53] were of the Council. A declaration of war being made, the enemy were expected on every part of the frontiers; and the Assembly were obliged to concert measures for their security, after an interval of peace for about ten years.

The usual route of the Indians, in their marches to the frontiers of New-Hamp­shire, was by the way of Winipiseogee lake. The distance from Cochecho falls in the town of Dover, to the southeast bay of that lake, is about thirty miles. It was thought that if a road could be opened to that place, and a fort built there, the ene­my would be prevented from coming that way. Orders were accordingly issued, and a party of two hundred and fifty men were employed in cutting down the woods for a road; but the expense so far exceed­ed the benefit which could be expected from a fort at such a distance, in the wil­derness, to be supplied with provisions and ammunition by land carriage, which might easily be interrupted by the enemy,Assembly Records. that the design was laid aside, and the old method of defence by scouts and garri­sons was adopted. Lieutenant Governor Wentworth, being Commander in Chief in Shute's absence, was particularly careful to supply the garrisons with stores, and visit [Page 54] them in person, to see that the duty was regularly performed; for which, and oth­er prudent and faithful services, he fre­quently received the acknowledgments of the Assembly and grants of money, gene­rally amounting to one hundred pounds at every session, and sometimes more. They also took care to inlist men for two years, and to establish the wages of offi­cers and soldiers at the following rates; a Captain, at seven pounds per month; a Lieutenant, four pounds; a Sergeant, fif­ty-eight shillings; a Corporal, forty-five shillings, and a private, forty shillings. A bounty of one hundred pounds was offer­ed for every Indian scalp. The difference between the currency and sterling, was two and an half for one.

The first appearance of the enemy in New-Hampshire,723. was at Dover; where they surprised and killed Joseph Ham, and took three of his children; the rest of the family escaped to the garrison. Soon af­ter they waylaid the road,Penhallow page 96. and killed Tris­tram Heard. Their next onset was at Lamprey River, where they killed Aaron Rawlins and one of his children,August 29. taking his wife and three children captive.^*

[Page 55]The next spring they killed James Nock,1724. one of the elders of the church at Oyster River,May 1. MS of Rev. Hugh Ad­ams. as he was returning on horseback from setting his beaver traps in the woods. [Page 56] Soon after they appeared at Kingston, where they took Peter Colcord and Ephraim Stevens,May 16. MS of Rev. Ward Clark. and two children of Ebenezer Stevens. They were pursued by scouts from Kingston and Londonder­ry, but in vain. Colcord made his escape in about six months, and received a gratu­ity of ten pounds from the Assembly, for his ‘courage and ingenuity,Assembly Records. and for the account he gave of the proceedings of the enemy.’

May 24.On a sabbath day they ambushed the road at Oyster River, and killed George Chesley,Penhallow & Hugh Adams. and mortally wounded Elizabeth Burnham, as they were returning togeth­er from public worship.June 2. In a few days more,New-Eng­land Cou­rant. five Indians took Thomas Smith and John Carr at Chester; and after car­rying them about thirty miles, bound them and lay down to sleep; the captives escaped, and in three days arrived safe at a garrison in Londonderry.

The settlements at Oyster River being very much exposed; a company of vol­unteers under the command of Abraham Benwick, who went out on the encourage­ment offered by the government for scalps, were about marching to make discoveries. It happened that Moses Davis,June 10. and his son of the same name, being at work in [Page 57] their corn field, went to a brook to drink, where they discovered three Indian packs. They immediately gave notice of this dis­covery to the volunteer company, and went before to guide them to the spot. The Indians had placed themselves in am­bush; and the unhappy father and son were both killed. The company then fir­ed, killed one and wounded two others,Penhallow, p. 101. who made their escape, though they were pursued and tracked by their blood to a considerable distance. The slain Indian was a person of distinction, and wore a kind of coronet of scarlet dyed fur, with an appendage of four small bells, by the sound of which the others might follow him through the thickets. His hair was remarkably soft and fine; and he had about him a devotional book and a muster-roll of one hundred and eighty Indians; from which circumstances it was suppos­ed that he was a natural son of the Jesuit Rallè,Hugh Ad­ams's MS. by an Indian woman who had serv­ed him as a laundress. His scalp was pre­sented to the Lieutenant Governor in Council, by Robert Burnham,Assembly Records. and the promised bounty was paid to Capt. Fran­cis Matthews, in trust for the company.June 12.

Within the town of Dover were many families of Quakers; who, scrupling the [Page 58] lawfulness of war, could not be persuad­ed to use any means for their defence; though equally exposed with their neigh­bours to an enemy who made no distinc­tion between them. One of these people, Ebenezer Downs, was taken by the Indi­ans, and was grossly insulted and abused by them, because he refused to dance as the other prisoners did, for the diversion of their savage captors. Another of them, John Hanson, who lived on the outside of the town, in a remote situation, could not be persuaded to remove to a garrison, though he had a large family of children. A party of thirteen Indi­ans, called French Mohawks, had mark­ed his house for their prey; and lay several days in ambush, waiting for an opportunity to assault it. While Hanson with his eldest daughter were gone to at­tend the weekly meeting of friends, and his two eldest sons were at work in a mea­dow at some distance;June 27. the Indians enter­ed the house, killed and scalped two small children, and took his wife, with her in­fant of fourteen days old, her nurse, two daughters and a son, and after rifling the house carried them off. This was done so suddenly and secretly, that the first person who discovered it was the eldest daughter [Page 59] at her return from the meeting before her father. Seeing the two children dead at the door, she gave a shriek of distress, which was distinctly heard by her mother, then in the hands of the enemy among the bushes, and by her brothers in the meadow. The people being alarmed, went in pursuit; but the Indians cauti­ously avoiding all paths, went off with their captives undiscovered. After this disaster had befallen his family, Hanson removed the remainder of them to the house of his brother; who, though of the same religious persuasion; yet had a num­ber of lusty sons, and always kept his fire­arms in good order, for the purpose of shooting game.^*

These and other insolencies of the en­emy being daily perpetrated on the fron­tiers, caused the governments to resolve on an expedition to Norridgwog. The Cap­tains [Page 60] Moulton and Harman, both of York, each at the head of a company of one hun­dred men, executed their orders with great address.August 12. They completely invested and surprised that village; killed the ob­noxious Jesuit with about eighty of his Indians;Hutchin­son II. 309. recovered three captives; des­troyed the chapel, and brought away the plate and furniture of the altar, and the devotional flag,New-Eng­land Cou­rant. as trophies of their victory. Rallè was then in the sixty-eighth year of his age, and had resided in his mission at Norridgwog twenty-six years; having be­fore spent six years in travelling among the Indian nations,MS of Hugh Ad­ams. in the interior parts of America.

The parties of Indians who were abroad, continued to ravage the frontiers. Two men being missing from Dunstable, a scout of eleven went in quest of them; they were fired upon by thirty of the enemy,Sept. 5. and nine of them were killed:New-Eng­land Cou­rant. The other two made their escape, though one of them was badly wounded. Afterward another company fell into their ambush and en­gaged them;Penhallow, page 106. but the enemy being supe­rior in number overpowered them, killed one and wounded four, the rest retreated. At Kingston, Jabez Colman and his son Joseph,Sept. 7. were killed as they were at work in [Page 61] their field. The success of the forces at Norridgwog and the large premium of­fered for scalps, having induced several volunteer companies to go out, they visit­ed one after another of the Indian villa­ges, but found them deserted. The fate of Norridgwog had struck such a terror into them, that they did not think them­selves safe at any of their former places of abode, and occupied them as resting places only, when they were scouting or hunting.

One of these volunteer companies, un­der the command of Capt. John Love­well of Dunstable, was greatly distinguish­ed,Penhal­low, p. 107. first by their success and afterward by their misfortunes. This company con­sisted of thirty; at their first excursion to the northward of Winipiseogee lake, they discovered an Indian wigwam in which were a man and a boy.Dec. 19. They killed and scalped the man and brought the boy alive to Boston, where they received the re­ward, promised by law, and a handsome gratuity besides.

By this success his company was aug­mented to seventy. They marched again, and visiting the place where they had kil­led the Indian,New-Eng­land Cou­rant. found his body as they had left it two months before. Their provi­sion [Page 62] falling short,1725. thirty of them were dismissed by lot and returned. The re­maining forty continued their march till they discovered a track,MS of Hugh Ad­ams. which they fol­lowed till they saw a smoke just before sunset,Feb. 20. by which they judged that the en­emy were encamped for the night. They kept themselves concealed till after mid­night; when they silently advanced, and discovered ten Indians asleep, round a fire, by the side of a frozen pond. Lovewell now determined to make sure work; and placing his men conveniently, ordered part of them to fire, five at once, as quick after each other as possible, and another part to reserve their fire: He gave the signal, by firing his own gun, which killed two of them; the men firing according to or­der, killed five more on the spot; the oth­er three starting up from their sleep, two of them were immediately shot dead by the reserve; the other, though wounded, attempted to escape by crossing the pond, but was seized by a dog and held fast till they killed him. Thus in a few minutes the whole company was destroyed, and some attempt against the frontiers of New-Hampshire prevented; for these In­dians were marching from Canada, well furnished with new guns, and plenty of [Page 63] ammunition; they had also a number of spare blankets, mockaseens and snow-shoes for the accommodation of the prisoners whom they expected to take,Penhal­low, p. 110. and were within two days march of the frontiers. The pond where this exploit was perform­ed is at the head of a branch of Salmon­fall River, in the township of Wakefield, and has ever since borne the name of Love­well's pond. The action is spoken of by elderly people, at this distance of time, with an air of exultation; and consider­ing the extreme difficulty of finding and attacking Indians in the woods, and the judicious manner in which they were so completely surprised, it was a capital ex­ploit.

The brave company, with the ten scalps stretched on hoops, and elevated on poles,Feb. 24. entered Dover in triumph, and proceeded thence to Boston; where they received the bounty of one hundred pounds for each, out of the public treasury.March 9.

Encouraged by this success, Lovewell marched a third time; intending to attack the villages of Pigwacket,April 16. on the upper part of the river Saco, which had been the residence of a formidable tribe, and which they still occasionally inhabited. His com­pany at this time consisted of forty-six,Symmer's Memoir [...]. in­cluding [Page 64] a chaplain and surgeon: Two of them proving lame, returned: Anoth­er falling sick, they halted and built a stockade fort, on the west side of great Ossapy pond; partly for the accommoda­tion of the sick man, and partly for a place of retreat in case of any misfortune. Here the surgeon was left with the sick man, and eight of the company for a guard. The number was now reduced to thirty-four. Pursuing their march to the northward, they came to a pond, about twenty-two^* miles distant from the fort, and encamped by the side of it. Ear­ly the next morning, while at their devo­tions,May 8. they heard the report of a gun, and discovered a single Indian, standing on a point of land, which runs into the pond, more than a mile distant. They had been alarmed the preceding night by noises round their camp, which they imagined were made by Indians, and this opinion was now strengthened. They suspected that the Indian was placed there to decoy them, and that a body of the enemy was in their front. A consultation being held they determined to march forward, and by encompassing the pond, to gain the place where the Indian stood; and that they [Page 65] might be ready for action, they disencum­bered themselves of their packs, and left them, without a guard, at the northeast end of the pond, in a pitch-pine plain, where the trees were thin and the brakes, at that time of the year, small. It hap­pened that Lovewell's march had crossed a carrying-place, by which two parties of Indians, consisting of forty-one men, com­manded by Paugus and Wahwa, who had been scouting down Saco river, were re­turning to the lower village of Pigwacket, distant about a mile and a half from this pond. Having fallen on his track, they followed it till they came to the packs, which they removed; and counting them, found the number of his men to be less than their own: They therefore placed themselves in ambush, to attack them on their return. The Indian who had stood on the point, and was returning to the vil­lage, by another path, met them, and re­ceived their fire, which he returned, and wounded Lovewell and another with small shot. Lieutenant Wyman firing again, killed him, and they took his scalp.^* See­ing [Page 66] no other enemy, they returned to the place where they had left their packs, and while they were looking for them, the In­dians rose and ran toward them with a horrid yelling. A smart firing commenc­ed on both sides, it being now about ten of the clock. Captain Lovewell and eight more were killed on the spot. Lieutenant Farwell and two others were wounded: Several of the Indians fell; but, being su­perior in number, they endeavoured to surround the party, who, perceiving their intention, retreated; hoping to be shelter­ed by a point of rocks which ran into the pond, and a few large pine trees standing on a sandy beach. In this forlorn place they took their station. On their right was the mouth of a brook, at that time unfordable; on their left was the rocky point; their front was partly covered by a deep bog and partly uncovered, and the pond was in their rear. The enemy gall­ed them in front and flank, and had them so completely in their power, that had they [Page 67] made a prudent use of their advantage, the whole company must either have been killed, or obliged to surrender at discretion; being destitute of a mouthful of suste­nance and an escape being impracticable. Under the conduct of Lieutenant Wyman they kept up their fire, and shewed a reso­lute countenance, all the remainder of the day; during which their chaplain, Jona­than Frie, Ensign Robbins, and one more, were mortally wounded. The Indians in­vited them to surrender, by holding up ropes to them, and endeavored to intimi­date them by their hideous yells; but they determined to die rather than yield; and by their well directed fire, the number of the savages was thinned, and their cries became fainter, till, just before night, they quitted their advantageous ground, carry­ing off their killed and wounded, and leav­ing the dead bodies of Lovewell and his men unscalped. The shattered remnant of this brave company, collecting them­selves together, found three of their num­ber unable to move from the spot, eleven wounded but able to march, and nine who had received no hurt. It was mel­ancholy to leave their dying companions behind, but there was no possibility of re­moving them. One of them, ensign Rob­bins, [Page 68] desired them to lay his gun by him charged, that if the Indians should return before his death he might be able to kill one more. After the rising of the moon, they quitted the fatal spot, and directed their march toward the fort, where the surgeon and guard had been left. To their great surprise they found it deserted. In the beginning of the action, one man (whose name has not been thought worthy to be transmitted to posterity) quitted the field, and fled to the fort; where, in the style of Job's messengers, he informed them of Lovewell's death, and the defeat of the whole company; upon which they made the best of their way home; leaving a quantity of bread and pork, which was a seasonable relief to the retreating surviv­ors. From this place, they endeavored to get home. Lieutenant Farwell and the chaplain, who had the journal of the march in his pocket, and one more, per­ished in the woods, for want of dressing for their wounds. The others, after en­during the most severe hardships, came in one after another, and were not only re­ceived with joy, but were recompensed for their valor, and sufferings; and a gener­ous provision was made for the widows and children of the slain.

[Page 69]A party from the frontiers of New-Hampshire, were ordered out to bury the dead; but by some mistake did not reach the place of action. Colonel Tyng, with a company from Dunstable, went to the spot, and having found the bodies of twelve, buried them, and carved their names on the trees where the battle was fought. At a little distance he found three Indian graves, which he opened; one of the bodies was known to be their warrior Paugus. He also observed tracks of blood, on the ground, to a great dist­ance from the scene of action. It was re­marked that a week before this engage­ment happened,Penhal­low's Indi­an wars. it had been reported in Portsmouth, at the distance of eighty miles, with but little variation from the truth. Such incidents were not uncommon, and could scarcely deserve notice, if they did not indicate that a taste for the marvellous was not extinguished in the minds of the most sober and rational.

This was one of the most fierce and ob­stinate battles which had been fought with the Indians. They had not only the advantage of numbers, but of placing themselves in ambush, and waiting with deliberation the moment of attack. These circumstances gave them a degree of ardor [Page 70] and impetuosity. Lovewell and his men, though disappointed of meeting the ene­my in their front, expected and determin­ed to fight. The fall of their commander, and more than one quarter of their number, in the first onset, was greatly discouraging; but they knew that the situation to which they were reduced, and their distance from the frontiers, cut off all hope of safety from flight. In these circumstances, prudence as well as valor dictated a continuance of the engagement, and a refusal to surrender; until the enemy, awed by their brave re­sistance, and weakened by their own loss, yielded them the honor of the field. Af­ter this encounter the Indians resided no more at Pigwacket, till the peace.^*

The conduct of the Marquis de Van­dreuil, Governor of Canada, was so flag­rant a breach of the treaty of peace, sub­sisting between the Crowns of England and France, that it was thought, a spirit­ed remonstrance might make him asham­ed, and produce some beneficial effects. With this view, the General Court of Massachusets proposed to the Colonies of [Page 71] New-York, Connecticut, Rhode-Island and New-Hampshire, to join in sending Commissioners to Canada on this errand. New Hampshire was the only one which consented; and Theodore Atkinson was appointed on their part, to join with Wil­liam Dudley and Samuel Thaxter on the part of Massachusetts.^*

The instructions which they received from the Lieutenant Governors, Dummer and Wentworth, by advice of the Coun­cil and Assembly of each Province, were nearly similar.Massachu­setts and N.-Hamp­shire Rec. They were to demand of the French Governor, restitution of the captives who had been carried into Can­ada; to remonstrate to him on his injus­tice and breach of friendship, in counte­nancing the Indians in their hostilities against the people of New-England; to insist on his withdrawing his assistance for the future; and to observe to him, that if in the farther prosecution of the war, our Indian allies, should in their pursuit of the enemy commit hostilities against the French, the blame would be entirely chargeable to himself. If the French Gov­ernor or the Indians, should make any over­tures for peace, they were empowered to [Page 72] give them passports, to come either to Boston or Portsmouth, for that purpose, and to return; but they were not to enter into any treaty with them. The Com­missioners were also furnished with the original letters of Vaudreuil to the Gov­ernors of New-England, and to the Jesuit Rallè, and with copies of the several trea­ties which had been made with the Indi­ans.Jan. 20. The gentlemen went by the way of Albany, and over the lakes, on the ice, to Montreal,March 2. where they arrived after a tedi­ous and dangerous journey.

The Marquis, who happened to be at Montreal, received and entertained them with much politeness. Having delivered their letters, and produced their commis­sions, they presented their remonstrance in writing, and made the several demand [...] agreeably to their instructions; using this among other arguments, ‘Those Indians dwell either in the dominions of the King of Great-Britain, or in the territories of the French King: If in the French King's dominions, the violation of the peace is very flagrant,Atkinson's MS Journ­al. they then being his sub­jects; but if they are subjects of the Brit­ish Crown, then much more is it a breach of the peace, to excite a rebellion among the subjects of his Majesty of Great-Britain.’

[Page 73]The Governor gave them no written answer; but denied that the Abenaquis were under his government, and that he had either encouraged or supplied them for the purpose of war. He said that he consid­ered them as an independent nation, and that the war was undertaken by them, in defence of their lands, which had been in­vaded by the people of New-England. The Commissioners in reply, informed him, that the lands for which the Indians had quarrelled, were fairly purchased of their ancestors, and had been for many years inhabited by the English. They produced his own letters to the Governors of New-England, in which he had (incon­sistently, and perhaps inadvertently) styl­ed these Indians ‘subjects of the King of France.’ They also alleged the several treaties held with them as evidence that they had acknowledged themselves sub­jects of the British Crown; and, to his great mortification, they also produced his own original letters to the Jesuit Ral­lè, which had been taken at Norridgwog, in which the evidence of his assisting and encouraging them in the war was too flag­rant to admit of palliation. Farther to strengthen this part of their argument, they presented to the Governor, a Mohawk [Page 74] whom they had met with at Montreal, who, according to his own voluntary ac­knowledgment, had been supplied by the Governor with arms, ammunition and provision to engage in the war, and had killed one man and taken another whom he had sold in Canada.

In addition to what was urged by the Commissioners in general; Mr. Atkinson, on the part of New-Hampshire, entered into a particular remonstrance; alleging that the Indians had no cause of contro­versy with that Province, the lands in question being out of their claim. To this the Governor answered, that New-Hampshire was a part of the same nation, and the Indians could make no distinction. Atkinson asked him why they did not for the same reason make war on the people of Albany? The Governor answered, ‘The people of Albany have sent a mes­sage to pray me to restrain the savages from molesting them; in a manner very different from your demands:’ To which Atkinson with equal spirit replied, ‘Your Lordship then is the right person, for our Governments to apply to, if the In­dians are subject to your orders.’

Finding himself thus closely pressed, he promised to do what lay in his power [Page 75] to bring them to an accommodation, and to restore those captives who were in the hands of the French, on the payment of what they had cost; and he engaged to see that no unreasonable demands should be made by the persons who held them in servitude; as to those who still remained in the hands of the Indians, he said, he had no power over them, and could not engage for their redemption. He com­plained in his turn, of the Governor of New-York, for building a fort on the riv­er Onondago, and said, that he should look upon that proc [...]eding as a breach of the treaty of peace; and he boasted that he had the five nations of the Iroquois so much under his influence, that he could at any time, cause them to make war up­on the subjects of Great-Britain.

The Commissioners employed themselves very diligently in their inquiries respect­ing the captives, and in settling the terms of their redemption. They succeeded in effecting the ransom of sixteen, and engag­ing for ten others. The Governor oblig­ed the French, who held them, to abate of their demands; but after all, they were paid for at an exorbitant rate. He was extremely desirous, that the gentlemen should have an interview with the Indians, [Page 76] who were at war; and for this purpose, sent for a number of them from the vil­lage of St. Francis, and kept them con­cealed in Montreal. The Commissioners had repeatedly told him, that they had no power to treat with them, and that they would not speak to them unless they should desire peace. At his request, the chiefs of the Nipissins visited the Commis­sioners, and said that they disapproved the war which their children the Abenaquis had made, and would persuade them to ask for peace. After a variety of manoeu­vres, the Governor at length promised the Commissioners, that if they would consent to meet the Indians at his house, they should speak first. This assurance produc­ed an interview; and the Indians asked the commissioners whether they would make proposals of peace? they answered, No. The Indians then proposed, that ‘if the English would demolish all their forts, and remove one mile westward of Saco river; if they would rebuild their church at Norridgwog, and restore to them their priest, they would be brothers again.’ The Commissioners told them that they had no warrant to treat with them; but if they were disposed for peace, they should have safe conduct to and from Boston or Portsmouth; and the Governor promised [Page 77] to send his son with them to see justice done. They answered, that ‘this was the only place to conclude peace, as the na­tions were near and could readily attend.’ The Governor would have had them recede from their proposals, which he said were unreasonable, and make others; but fath­er Le Chase, a Jesuit, being present, and acting as interpreter for the Indians, em­barrassed the matter so much that nothing more was proposed. It was observed by the commissioners, that when they con­versed with the Governor alone, they found him more candid and open to con­viction, than when Le Chase, or any oth­er Jesuit was present; and, through the whole of their negociation, it evidently appeared, that the Governor himself, as well as the Indians, were subject to the powerful influence of these ecclesiastics; of whom there was a seminary in Canada, under the direction of the Abbè de Bel­mont.

Having completed their business, and the rivers and lakes being clear of ice, the Commissioners took their leave of the Gov­ernor, and set out on their return, with the redeemed captives, and a guard of sol­diers, which the Governor ordered to at­tend them, as far as Crown-point. They [Page 78] went down the river St. Lawrence to the mouth of the Sorel, then up that river to Chamblee, and through the lakes to fort Nicholson. After a pleasant passage, of seven days,May 1. they arrived at Albany.

Here they found Commissioners of In­dian affairs for the Province of New-York, to whom they communicated the observa­tions which they had made in Canada, and what the Marquis de Vaudreuil had said respecting the five nations, and the fort at Onandago. There being a deputa­tion from these nations at Albany, they held a conference with them, and gave them belts; requesting their assistance in estab­lishing a peace with the Abenaquis. From this place Mr. Atkinson wrote to M. Cav­anielle, son of the Marquis, acknowledg­ing the polite reception the Commission­ers had met with from the family; sub­joining a copy of the information which they had given to the Commissioners of New-York; and promising, that a due representation should be made, to the Kings of England and France, on the sub­ject of their negociation.

The report of the Commissioners being laid before the Assemblies of Massachusetts and New-Hampshire, it was determined to prosecute the war with vigor. Orders [Page 79] were issued for the defence and supply of the frontiers, and for the encouragement of ranging parties,Assembly Records. both volunteers and militia. A petition was sent to the King, complaining of the French Governor, and desiring that orders might be given to the other Colonies of New-England, and to New-York, to furnish their quotas of as­sistance, in the further prosecution of the war; and letters were written to the Gov­ernor of New-York, requesting that such of the hostile Indians as should resort to Albany, might be seized and secured.

The good effects of this mission to Can­ada were soon visible. One of the Indian hostages who had been detained at Boston through the whole war, together with one who had been taken, were allowed on their parole, to visit their countrymen; and they returned with a request for peace. Commissioners from both Provinces went to St. George's; where a conference was held, which ended in a proposal for a far­ther treaty at Boston. In the mean time, some of the enemy were disposed for furth­er mischief. Those who had been con­cerned in taking Hanson's family at Dov­er, in a short time after their redemption and return, came down with a design to take them again, as they had threatened [Page 80] them before they left Canada. When they had come near the house, they observ­ed some people at work in a neighbouring field,Sept. 15. by which it was necessary for them to pass, both in going and returning. This obliged them to alter their purpose, and conceal themselves in a barn, till they were ready to attack them. Two women passed by the barn, while they were in it, and had just reached the garrison as the guns were fired. They shot Benjamin Evans dead on the spot; wounded Willi­am Evans and cut his throat; John Evans received a slight wound in the breast, which bleeding plentifully, deceived them, and thinking him dead, they stripped and scalped him: He bore the painful opera­tion without discovering any signs of life, though all the time in his perfect senses, and continued in the feigned appearance of death, till they had turned him over, and struck him several blows with their guns, and left him for dead. After they were gone off he rose and walked, naked and bloody, toward the garrison; but on meeting his friends by the way drop­ped, fainting on the ground, and being covered with a blanket was conveyed to the house. He recovered and lived fifty years. A pursuit was made after the en­emy, [Page 81] but they got off undiscovered, carry­ing with them Benjamin Evans, junior, a lad of thirteen years old, to Canada, whence he was redeemed as usual by a charitable collection.

This was the last effort of the enemy in New-Hampshire. In three months, the treaty which they desired was held at Bos­ton,Dec. 1 [...] ▪ and the next spring ratified at Fal­mouth. A peace was concluded in the usual form; which was followed by re­straining all private traffic with the Indi­ans, and establishing truck-houses in con­venient places, where they were supplied with the necessaries of life,Hutchin­son II.318. on the most advantageous terms. Though the govern­ments on the whole, were losers by the trade, yet it was a more honorable way of preserving the peace, than if an acknow­ledgment had been made to the Indians in any other manner.

None of the other Colonies of New-England bore any share in the expenses or calamities of this war; and New-Hamp­shire did not suffer so much as in former wars; partly by reason of the more ex­tended frontier of Massachusetts, both on the eastern and western parts, against the former of which the enemy directed their greatest fury; and partly by reason of the [Page 82] success of the ranging parties, who con­stantly traversed the woods as far north­ward as the White Mountains. The militia at this time was completely train­ed for active service; every man of forty years of age having seen more than twen­ty years of war. They had been used to handle their arms from the age of childhood, and most of them, by long practice, had become excellent marksmen, and good hunters. They were well acquainted with the lurking places of the enemy; and possessed a degree of hardiness and in­trepidity, which can be acquired only by the habitude of those scenes of danger and fatigue, to which they were daily exposed. They had also imbibed from their infancy a strong antipathy to the savage natives; which was strengthened by repeated hor­rors of blood and desolation, and not ob­literated by the intercourse which they had with them in time of peace. As the Indians frequently resorted to the frontier towns in time of scarcity, it was common for them to visit the families whom they had injured in war; to recount the cir­cumstances of death and torture which had been practised on their friends; and when provoked or intoxicated, to threaten a rep­etition of such insults, in future wars. To [Page 83] bear such treatment required more than human patience; and it is not improba­ble that secret murders were sometimes the consequence of these harsh provoca­tions. Certain it is, that when any per­son was arrested, for killing an Indian in time of peace, he was either forcibly rescu­ed from the hands of justice, or if brought to trial, invariably acquitted; it being im­possible to impannel a jury some of whom had not suffered by the Indians, either in their persons or families.

DURING the war, the Lieutenant Governor had managed the execu­tive department with much prudence; the people were satisfied with his administra­tion, and entertained an affection for him, which was expressed not only by words, but by frequent grants of money, in the General Assembly. When he returned from Boston,1726. where the treaty of peace was concluded,January 5. they presented to him an ad­dress of congratulation, and told him that ‘his absence had seemed long; but the service he had done them filled their hearts with satisfaction.General Court Rec­ords.’ This address was followed by a grant of one hundred pounds. He had, just before, consented to an emission of two thousand pounds in bills of credit, to be paid, one half in the year 1735, and the other half in 1736. An excise was laid for three years, and was farmed for three hundred pounds.

[Page 85]The divisional line between the Prov­inces of New-Hampshire and Massachu­setts was yet unsettled, and in addition to the usual disadvantages occasioned by this long neglect, a new one arose. By the construction which Massachusetts put on their charter, all the lands three miles northward of the river Merrimack were within their limits. On this principle, a grant had formerly been made to Gover­nor Endicot, of some lands at Penacook; which had been the seat of a numerous and powerful tribe of Indians. The qual­ity of the land at that place invited the attention of adventurers from Andover, Bradford and Haverhill;Massachu­setts Rec. to whom a grant was made of a township, seven miles square; comprehending the lands on both sides of the Merrimack, extending south­wardly from the branch called Contoo­cook. This grant awakened the atten­tion of others; and a motion was made in the Massachusetts Assembly,Dec. 21. for a line of townships, to extend from Dunstable on Merrimack, to Northfield on Connec­ticut river; but the motion was not im­mediately adopted. The Assembly of New-Hampshire was alarmed. Newman, their agent, had been a long time at the British Court, soliciting the settlement of the line, [Page 86] and a supply of military stores for the fort. Fresh instructions were sent to him to ex­pedite the business, and to submit the set­tlement of the line to the King. A com­mittee was appointed to go to Penacook, to confer with a committee of Massachu­setts, [...]. Hamp­shire Rec. then employed in laying out the lands, and to remonstrate against their proceeding. A survey of other lands near Winipiseogee lake, was ordered; that it might be known, what number of town­ships could be laid out, independently of the Massachusetts claim. On the other hand, the heirs of Allen renewed their en­deavours, and one of them, John Hobby, petitioned the Assembly to compound with him for his claim to half the Prov­ince; but the only answer which he could obtain was that 'the Courts of law were competent to the determination of titles,' and his petition was dismissed.

Both Provinces became earnestly engag­ed. Massachusetts proposed to New-Hampshire the appointment of commis­sioners, to establish the line. The New-Hampshire Assembly refused, because they had submitted the case to the King. The Massachusetts people, foreseeing that the result of this application might prove un­favorable to their claim of jurisdiction, [Page 87] were solicitous to secure to themselves the property of the lands in question. Ac­cordingly, the proposed line of townships being surveyed, ‘pretences were encour­aged and even sought after, to entitle persons to be grantees.Hutchin­son II.3 [...]1.’ The descend­ants of the officers and soldiers, who had been employed in expeditions against the Narraganset Indians, and against Can­ada, in the preceding century, were ad­mitted; and the survivors of the late Cap­tain Lovewell's company,Massachu­setts Rec. with the heirs of the deceased, had a select tract granted to them at Suncook. There was an ap­pearance of gratitude in making these grants, and there would have been policy in it, had the grantees been able to comply with the conditions.1727. New-Hampshire followed the example, and made grants of the townships of Epsom, Chichester,May 18 & 20. Barn­stead, Canterbury, Gilmantown and Bow. All these, excepting the last, were un­doubtedly within their limits; but the grant of Bow interfered with the grants which Massachusetts had made, at Pena­cook and Suncook, and gave rise to a liti­gation, tedious, expensive, and of forty years continuance.

These tracts of land granted by both Provinces were too numerous and exten­sive. [Page 88] It was impracticable to fulfil the conditions, on which the grants were made. Had the same liberal policy prevailed here as in Pennsylvania, and had the importa­tion of emigrants from abroad been en­couraged, the country might have been soon filled with inhabitants; but the peo­ple of Londonderry were already looked upon with a jealous eye, and a farther intrusion of strangers was feared, lest they should prove a burden and charge to the community. People could not be spared from the old towns. Penacook was almost the only settlement which was effected by emigrants from Massachusetts. A small beginning was made, by the New-Hamp­shire proprietors, at Bow, on Suncook riv­er; but the most of the intermediate country remained uncultivated for many years. Schemes of settlement were indeed continually forming; meetings of propri­etors were frequently held, and an avari­cious spirit of speculating in landed prop­erty prevailed; but the real wealth and improvement of the country instead of being promoted were retarded.

On the death of King George I; the Assembly, which had subsisted five years, was of course dissolved;New-Hampshire Records. Nov. 21. and writs for the election of another were issued in the [Page 89] name of George II. The long continu­ance of this Assembly was principally ow­ing to the absence of Governor Shute, in whose administration it commenced; and the uncertainty of his return or the ap­pointment of a successor. It had been deemed a grievance, and an attempt had been made in 1724 to limit the duration of Assemblies to three years, in conformi­ty to the custom of England. At the meeting of the new Assembly,Dec. 15. the first business which they took up was to move for a triennial act. The Lieutenant Gov­ernor was disposed to gratify them. Both Houses agreed in framing an act for a tri­ennial Assembly, in which the duration of the present Assembly was limited to three years (unless sooner dissolved by the commander in chief) writs were to issue fifteen days at least, before a new election; the qualification of a representative was declared to be a freehold estate of three hundred pounds value.Edition of Laws in 1771, page 166. The qualification of an elector was a real estate of fifty pounds, within the town or precinct where the election should be made; but habitancy was not required in either case; the selectmen of the town, with the mod­erator of the meeting, were constituted judges of the qualifications of electors, [Page 90] saving an appeal to the House of Repre­sentatives. This act having been passed, in due form, received the royal approba­tion, and was the only act which could be called a constitution or form of Gov­ernment, established by the people of New-Hampshire; all other parts of their government being founded on royal com­missions and instructions. But this act was defective, in not determining by whom the writs should be issued, and in not des­cribing the places from which Representa­tives should be called, either by name, ex­tent or population. This defect gave birth to a long and bitter controversy, as will be seen hereafter.

The triennial act being passed, the House were disposed to make other alterations in the government. An appeal was allowed in all civil cases from the inferior to the superior court; if the matter in contro­versy exceeded one hundred pounds, anoth­er appeal was allowed to the Governor and Council; and if it exceeded three hundred pounds, to the King in Council. The appeal to the Governor and Council was first established by Cutts's commission, and continued by subsequent commissions and instructions. In Queen Anne's time, it was complained of as a grievance, that [Page 91] the Governor and Council received ap­peals and decided causes, without taking an oath to do justice. An oath was then prescribed and taken. The authority of this court had been recognised by several clauses in the laws; but was disrelished by many of the people; partly because the judges who had before decided cases, were gene­rally members of the Council; partly be­cause no jury was admitted in this court of appeal; and partly because no such in­stitution was known in the neighbouring Province of Massachusetts. The House moved for a repeal of the several clauses in the laws relative to this obnoxious court; the Council non-concurred their vote, and referred them to the royal in­structions. The House persisted in their endeavors, and the Council in their oppo­sition. Both sides grew warm, and there was no prospect of an accommodation. The Lieuteunant Governor put an end to the session, and soon after dissolved the Assembly by proclamation.

A new Assembly was called; the same persons, with but two or three exceptions,1728. were re-elected, and the same spirit ap­peared in all their transactions. They chose for their speaker Nathaniel Weare, who had been speaker of the former As­sembly, [Page 92] and having as usual presented him to the Lieutenant Governor, he negatived the choice. The House desired to know by what authority; he produced his com­mission; nothing appeared in that, which satisfied them; and they adjourned from day to day without doing any business. After nine days they chose another Speak­er, Andrew Wiggin, and sent up the vote, with a preamble, justifying their former choice. The Lieutenant Governor ap­proved the Speaker, but disapproved the preamble; and thus the controversy clos­ed, each side retaining their own opinion. The speeches and messages from the chair, and the answers from the House, during this session, were filled with reproaches; the public business was conducted with ill humour, and the House carried their op­position so far as to pass a vote for address­ing the King to annex the Province to Massachusetts; to this vote the Council made no answer. But as a new Governor was expected, they agreed in appointing a committee of both Houses to go to Bos­ton, and compliment him on his arrival.

The expected Governor was WILLIAM BURNET, son of the celebrated Bishop of Sarum, whose name was dear to the peo­ple of New-England, as a steady and ac­tive [Page 93] friend to civil and religious liberty. Mr. Burnet was a man of good under­standing and polite literature; fond of books and of the conversation of literary men; but an enemy to ostentation and parade. He had been Governor of New-York and New-Jersey, and quitted those Provinces with reluctance, to make way for another person, for whom the British Ministry had to provide. Whilst at New-York, he was very popular, and his fame having reached New-England, the expect­ations of the people were much raised on the news of his appointment, to the Gov­ernment of Massachusetts and New-Hampshire. Lieutenant Governor Went­worth characterised him in one of his speeches as ‘a gentleman of known worth, having justly obtained an universal regard from all who have had the honor to be under his government.July 22.’ He was received with much parade at Boston, whither the Lieutenant Governor of New-Hampshire, with a committee of the Council and As­sembly, went to compliment him on his arrival.^*

[Page 94]Mr. Burnet had positive instructions from the crown to insist on the establish­ment of a permanent salary in both his Provinces. He began with Massachusetts, and held a long controversy with the Gen­eral Court to no purpose. In New-Hamp­shire, a precedent had been established in the administration of Dudley, which was favorable to his views. Though some of the Assembly were averse to a permanent salary; yet the Lieutenant Governor had so much interest with them,Belcher's MS Letters by virtue of having made them proprietors in the late­ly granted townships, that they were in­duced to consent; on condition that he should be allowed one third part of the salary,1729. and they should be discharged from all obligations to him.May 9. This bargain being concluded, the House passed a vote, with which the Council concurred, to pay, ‘Gov­ernor Burnet, for the term of three years, or during his administration, the sum of two hundred pounds sterling,Journal of the House of Represent­atives. or six hun­dred pounds in bills of credit; which sum was to be in full of all demands from this Government, for his salary; and all ex­penses in coming to, tarrying in, or go­ing [Page 95] from this Province; and also for any allowance to be made to the Lieu­tenant Governor; and that the excise on liquors should be appropriated to that use.’ To this vote six of the Representatives entered their dissent.

The Governor came but once into New-Hampshire. His death,Sept. 7. which happened after a few months, was supposed to be occasioned by the ill effect, which his con­troversy with Massachusetts, and the dis­appointment which he suffered, had on his nerves.

When the death of Governor Burnet was known in England,1730. the resentment against the Province of Massachusetts was very high,Letter [...] of Francis W [...]lks, Agent. on account of their determined refusal to fix a salary on the King's Gov­ernor. It was even proposed, to reduce them to 'a more absolute dependence on the crown;' but a spirit of moderation prevailed; and it was thought that Mr. JONATHAN BELCHER, then in England, being a native of the Province, and well acquainted with the temper of his coun­trymen would have more influence than a stranger, to carry the favorite point of a fixed salary. His appointment, as Govern­or of New-Hampshire, was merely an ap­pendage to his other commission.

[Page 96]Belcher was a merchant of large fortune and unblemished reputation. He had spent six years in Europe;Belcher's Letter to the Bishop of Lincoln. MS. had been twice at the Court of Hanover, before the pro­testant succession took place in the family of Brunswick; and had received from the Princess Sophia, a rich golden medal. He was graceful in his person, elegant and polite in his manners; of a lofty and as­piring disposition; a steady, generous friend; a vindictive, but not implacable enemy. Frank and sincere, he was ex­tremely liberal in his censures, both in conversation and letters. Having a high sense of the dignity of his commission, he determined to support it, even at the ex­pense of his private fortune; the emolu­ments of office in both Provinces being inadequate to the style in which he chose to live.

Whilst he was in England, and it was uncertain whether he would be appointed, or Shute would return, Wentworth wrote letters of compliment to both. Belcher knew nothing of the letter to Shute, till his arrival in America, and after he had made a visit to New-Hampshire, and had been entertained at the house of the Lieu­tenant Governor. He was then informed, that Wentworth had written a letter to [Page 97] Shute, of the same tenor as that to him­self. This he deemed an act of duplicity. How far it was so, cannot now be deter­mined. The persuasion was so strong in the mind of Belcher, that on his next visit to Portsmouth, he refused an invitation to Wentworth's house. This was not the only way in which he manifested his dis­pleasure. When the affair of the salary came before the Assembly,Aug. 31. he not only re­fused to make such a compromise as Bur­net had done; but obliged the Lieutenant Governor under his hand, to 'quit all claim to any part of the salary, and to ac­knowledge that he had no expectation from, or dependence on the Assembly, for any al­lowance, but that he depended wholly on the Governor.' The same salary was then voted, and in nearly the same words, as to his predecessor. He allowed the Lieuten­ant Governor, the fees and perquisites only which arose from registers, certificates, li­censes and passes, amounting to about fifty pounds sterling. Wentworth and his friends were disappointed and disgust­ed. He himself did not long survive; be­ing seized with a lethargic disorder,Dec. 12. he died within five months; [...] but his family con­nexions resented the affront, and drew a considerable party into their views. Ben­ning [Page 98] Wentworth, his son, and Theodore Atkinson, who had married his daughter, were at the head of the opposition. The latter was removed from his office of Col­lector of the Customs, to make room for Richard Wibird; the Naval Office was taken from him and given to Ellis Huske; and the office of High Sheriff, which he had held, was divided between him and Eleazer Russell. Other alterations were made, which greatly offended the friends of the late Lieutenant Governor; but Belcher, satisfied that his conduct was agreeable to his commission and instruc­tions, disregarded his opponents and appre­hended no danger from their resentment. Atkinson was a man of humor, and took occasion to express his disgust in a singular manner. The Governor, who was fond of parade, had ordered a troop of horse, to meet him on the road, and escort him to Portsmouth. The officers of govern­ment met him, and joined the cavalcade. Atkinson was tardy; but when he appear­ed, having broken the Sheriff's wand, he held one half in his hand. Being chi [...] by the Governor for not appearing soon­er, he begged his Excellency to excuse him, because he had but half a horse to ride. [...] [Page 100] ‘nominations; compassionate and boun­tiful to the poor; courteous and affa­ble to all; having a constant regard to the duties of divine worship, in private and public, and paying a due deference to all the sacred institutions of Christ.’

‘He had sixteen children, of whom fourteen yet survive him.’

MR. WENTWORTH was succeed­ed in the Lieutenancy by DAVID DUNBAR,1731. June 24. Esq. a native of Ireland and a reduced Colonel in the British service; who was also deputed to be surveyor of the King's woods. This appointment was made by the recommendation of the Board of Trade; of which Col. Bladen was an active member, who bore no good will to Governor Belcher.Hutchin­son II.224 379. Dunbar had been commander of a fort at Pemaquid, which it was in contemplation to annex to Nova-Scotia. He had taken upon him to gov­ern the few scattered people in that dis­trict, with a degree of rigor to which they could not easily submit. This conduct had already opened a controversy, between him and the Province of Massachusetts; and it was very unfortunate for Belcher to have such a person connected with both his governments. What were the merits, which recommended Dunbar to these sta­tions, [Page 102] it is not easy at this time to deter­mine; the only qualifications, which appear to have pleaded in his favor, were pov­erty and the friendship of men in pow­er. He was an instrument of intrigue and disaffection; and he no sooner made his appearance in New-Hampshire, than he joined the party who were in opposition to the Governor. Belcher perceived the advantage which his enemies would derive from this alliance, and made all the ef­forts in his power to displace him. In his letters to the ministry, to the Board of Trade, and to his friends in England, he continually represented him in the worst light,Belcher's MS letters. and solicited his removal. It is not improbable, that his numerous letters of this kind, written in his usual style, with great freedom and without any reserve, might confirm the suspicions, raised by the letters of his adversaries, and induce the ministry to keep Dunbar in place, as a check upon Belcher, and to preserve the balance of parties.

July 10.Within a few weeks after Dunbar's com­ing to Portsmouth, a complaint was drawn up against Belcher, and signed by fifteen persons; alleging that his government was grievous, oppressive and arbitrary, and praying the King for his removal. This roused the Governor's friends, at [Page 103] the head of whom was Richard Wal­dron, the secretary, who drew up a counter address,MS copies of Addres­ses. and procured an hun­dred names to be subscribed. Both ad­dresses reached England about the same time. Richard Partridge, Mr. Belcher's brother in law, in conjunction with his son Jonathan Belcher, then a student in the Temple, applied for a copy of the complaint against him, at the Plantation office, and obtained it;Belcher's letters. but could not get sight of the letters which accompanied it, though, on the foundation of those letters, a representation had been made by the Board of Trade, to the King.

The only effect which Dunbar's letters had at that time, was to procure the ap­pointment of Theodore Atkinson, Benning Wentworth and Joshua Peirce, to be Counsellors of New-Hampshire; and though Belcher remonstrated to the Sec­retary of State against these appointments, and recommended other persons in their room, he could not prevail, any farther than to delay the admission of the two former for about two years; during which time, they were elected into the House of Representatives, and kept up the opposi­tion there. The recommendations, which he made of other persons, were duly attend­ed [Page 104] to when vacancies happened; and thus the Council was composed of his friends, and his enemies. The civil officers, whom he appointed, were sometimes superseded, by persons recommended and sent from England; and in one instance, a commis­sion for the naval office, in favor of a Mr. Reynolds, son of the Bishop of Lincoln, was filled up in England, and sent over with orders for him to sign it; which he was obliged punctually to obey.

From the confidential letters of the leading men on both sides, which have fallen into my hands in the course of my researches, the views of each party may plainly be seen;Belcher's Waldron [...]s Atkinson's & Thom­linson's letters MS. though they endeavored to conceal them from each other. The Governor and his friends had projected an union of New-Hampshire with Massa­chusetts; but were at a loss by what means to bring it into effect. The most desirable method would have been, an unanimity in the people of New-Hamp­shire, in petitioning the Crown for it; but as this could not be had, the project was kept out of sight, till some favorable op­portunity should present.

The other party contemplated not only the continuance of a separate government, but the appointment of a distinct Gover­nor, [Page 105] who should reside in the Province, and have no connection with Massachu­setts. The greatest obstacle in their way, was the smallness and poverty of the Prov­ince, which was not able to support a gen­tleman in the character of Governor. To remove this obstacle, it was necessary to have the limits of territory, not only fix­ed, but enlarged. They were therefore zealous, in their attemps for this purpose; and had the address to persuade a majori­ty of the people, that they would be gain­ers by the establishment of the lines; that the lands would be granted to them and their children; and that the expense of obtaining the settlement would be so trif­ling, that each man's share would not exceed the value of a pullet.

The Governor's friends were averse to pressing the settlement of the line; and their reasons were these. The controver­sy is either between the King and the sub­jects of his charter government of Massa­chusetts; or else, between the heirs of Mason or Allen and the people of Massa­chusetts. If the controversy be settled even in favor of New-Hampshire, the lands which fall within the line, will be either the King's property, to be granted by his Governor and Council according to royal [Page 106] instructions; or else the property of the heirs of Mason or Allen, to be disposed of by them. On both suppositions, the peo­ple of New-Hampshire can have no prop­erty in the lands, and therefore why should they be zealous about the divi­sion or tax themselves to pay the expense of it?

The Governor, as obliged by his in­structions, frequently urged the settlement of the lines in his speeches, and declared, that the Assembly of New-Hampshire had done more toward effecting it, than that of Massachusetts. A committee from both Provinces met at Newbury in the autumn of 1731,Sept. 21. on this long contested affair; but the influence of that party in Massa­chusetts, of which Elisha Cooke was at the head, prevented an accommodation. Soon after this fruitless conference, the Representatives of New-Hampshire, of whom a majority was in favor of settling the line, determined no longer to treat with Massachusetts; but to represent the matter to the King, and petition him to decide the controversy.Assembly Records. Newman's com­mission,Oct. 7. as agent, having expired, they chose for this purpose, John Rindge, merchant, of Portsmouth, then bound on a voyage to London. The appointment [Page 107] of this gentleman was fortunate for them, not only as he had large connexions in England; but as he was capable of ad­vancing money, to carry on the solicita­tion. The Council, a majority of which was in the opposite interest, did neither concur in the appointment, nor consent to the petition.

Mr. Rindge, on his arrival in England, petitioned the King in his own name,1732. and in behalf of the Representatives of New-Hampshire,Feb. 28. to establish the boundaries of the Province; but his private affairs requiring his return to America, he did, agreeably to his instructions, leave the business in the hands of Capt. John Thomlinson, merchant, of London; who was well known in New-Hampshire, where he had frequently been in quality of a sea commander. He was a gentleman of great penetration, industry and address; and having fully entered into the views of Belcher's opponents, prosecuted the af­fair of the line, 'with ardor and dili­gence;' employing for his solicitor, Fer­dinando John Parris; who being well supplied with money, was indefatigable in his attention. The petition was of course referred to the Lords of Trade, and Fran­cis Wilks the agent of Massachusetts, was served with a copy to be sent to his con­stituents.

[Page 108]Whilst the matter of the line was pend­ing on the other side of the Atlantic, the parties in New-Hampshire maintained their opposition; and were on all occasions vilifying and abusing each other, especial­ly in their letters to their friends in Eng­land. On the one side, Belcher incessantly represented Dunbar, as the fomenter of opposition; as false, perfidious, malicious and revengeful; that he did no service to the crown, nor to himself; but was ‘a plague to the Governor and a deceiver of the people.’ He was also very liberal in his reflections, on his other opposers. On the other side, they represented him as un­friendly to the royal interest; as obstruct­ing the settlement of the lines; conniving at the destruction of the King's timber, and partial to his other government, where all his interest lay; and that he had not even a freehold in New-Hampshire. As an instance of his partiality, they alleged, that in almost every session of the Assem­bly of Massachusetts, he consented to grants of the disputed lands,1733. to the people of that Province; by which means, their Assembly raised money, to enable their agent to protract the controversy, that they might have opportunity to lay out more townships; while at the same time, [Page 109] he rejected a supply bill of the New-Hampshire Assembly, and dissolved them, because that in it, they had made an appro­priation for their agent. The truth was, that the Council did not consent to the bill, because they had no hand in appoint­ing the agent, and the bill never came be­fore the Governor. The frequent disso­lution of Assemblies was another subject of complaint; and in fact this measure never produced the desired effect; for the same persons were generally re-elected, and no reconciling measures were adopted by either party.

The Governor frequently complained, in his speeches,1734. that the public debts were not paid; nor the fort, prison, and other public buildings kept in repair; because of their failure in supplying the treasury. The true reason of their not supplying it was, that they wanted emissions of paper money, to be drawn in, at distant periods; to this the Governor could not consent, being restrained by a royal instruction, as well as in principle opposed to all such practices. But one emission of paper was made in his administration; and for its redemption a fund was established in hemp, iron, and other productions of the coun­try. When a number of merchants and [Page 110] others had combined to issue notes, to supply the place of a currency, he issued a proclamation against them; and in his next speech to the Assembly, condemned them in very severe terms. The Assembly endeavored to vindicate the character of the bills, but in a few days he dissolved them, with a reprimand; charging them with trifling, with injustice and hypocrisy. It must be remembered, that his com­plaints of an empty treasury were not oc­casioned by any failure of his own salary, which was regularly paid out of the excise.

Belcher revived the idea of his predeces­sor Shute, which was also countenanced by his instructions, that he was virtually present in New-Hampshire, when person­ally absent, and attending his duty, in his other Province; and therefore that the Lieutenant Governor could do nothing but by his orders. Dunbar had no seat in the Council, and Shadrach Walton be­ing senior member, by the Governor's or­der summoned them and presided. He also held the command of the fort, by the Governor's commission, granted passes for ships, and licenses for marriage; and re­ceived and executed military orders, as occasion required. The Lieutenant Gov­ernor contested this point; but could not [Page 111] prevail; and finding himself reduced to a state of insignificance, he retired in disgust, to his fort at Pemaquid; where he resided almost two years. The Governor's friends gave out that he had absconded for debt, and affected to triumph over the opposi­tion, as poor and impotent; but their complaints, supported by their agent Thomlinson, and the influence of Bladen at the Board of Trade, made an impression there much to the disadvantage of Mr. Belcher; though he had friends among the ministry and nobility; the principal of whom was Lord Townsend, by whose in­fluence he had obtained his commission.

After Dunbar's return to Portsmouth, the Governor thought it good policy to relax his severity; and gave him the com­mand of the fort, with the ordinary per­quisites of office, amounting to about fifty pounds sterling. Not content with this, he complained, that the Governor did not allow him one third of his salary. The Governor's salary was but six hundred pounds currency; he spent at least one hundred, in every journey to New-Hamp­shire, of which he made two in a year. At the same time Dunbar had two hun­dred pounds sterling, as Surveyor General of the woods; which, with the perquisites, [Page 112] amounting to one hundred more, were divided between him and his deputies. But it must be remembered that he was deeply in debt, both here and in England.

The rigid execution of the office of Surveyor General had always been attend­ed with difficulty; and the violent manner, in which Dunbar proceeded with tres­passers, raised a spirit of opposition on such occasions. The statutes for the pre­servation of the woods impowered the sur­veyor to seize all logs, cut from white pine trees, without license; and it rested on the claimant, to prove his property, in the court of Admiralty. Dunbar went to the saw-mills; where he seized and marked large quantities of lumber; and with an air and manner to which he had been accustomed in his military capacity, abused and threatened the people. That class of men, with whom he was disposed to contend, are not easily intimidated with high words; and he was not a match for them, in that species of controversy, which they have denominated swamp law. An instance of this happened at Dover, whith­er he came, with his boat's crew, to re­move a parcel of boards, which he had seized. The owner, Paul Gerrish, warned him of the consequence; Dunbar threat­ened [Page 113] with death the first man who should obstruct his intentions; the same threat was returned to the first man who should remove the boards. Dunbar's prudence at this time, got the better of his courage, and he retired.

With the like spirit, an attempt of the same kind was frustrated at Exeter, whith­er he sent a company in a boat to remove lumber. Whilst his men were regaling themselves at a public house, in the even­ing, and boasting of what they intended to do the next day; a number of persons, disguised like Indians, attacked and beat them; whilst others cut the rigging and sails of the boat, and made a hole in her bottom. The party not finding themselves safe in the house, retreated to the boat, and pushed off; but being there in dan­ger of sinking, they with difficulty regain­ed the shore, and hid themselves till morn­ing, when they returned on foot to Ports­mouth.

This was deemed a flagrant insult. Dunbar summoned the Council,April 26. and com­plained to them of the riotous proceedings at Exeter, where there was ‘a conspiracy against his life, by evil minded persons, who had hired Indians to destroy him.’ He proposed to the Council, the issuing [Page 114] of a proclamation, offering a reward to apprehend the rioters. The major part of the Council were of opinion, that no proclamation could be issued but by the Governor.^* Information being sent to the Governor, he issued a proclamation; commanding all magistrates to assist in discovering the rioters.

This transaction afforded matter for complaint, and a memorial was drawn up by Thomlinson, grounded on letters which he had received. It was suggested, that the Governor's pretence to favor the sur­veyor was deceitful; that the rioters at Exeter were his greatest friends; that the Council,MS letters. wholly devoted to him, would not advise to a proclamation till they had sent to Boston; that the proclamation was delayed; and when it appeared offer­ed no reward; though Dunbar had pro­posed to pay the money himself; and, that by reason of this delay and omission, the rioters escaped with impunity.

[Page 115]In justice to Mr. Belcher, it must be said, that there was no delay on his part, the proclamation being sent from Boston within six days. It also appears, from the secret and confidential letters of the Gov­ernor, that he disapproved the riot, and even called it rebellion; that he gave par­ticular orders to the magistrates, to make inquiry, and take depositions, and do their utmost to discover the rioters. If he did not advertise a reward, it was because there was no money in the treasury; and if Dunbar had been sincere in his of­fer to pay it, he might have promised it, by advertisement. The true reason that the rioters were not discovered, was, that their plan was so artfully conducted, their persons so effectually disguised, and their confidence in each other so well placed, that no proof could be obtained; and the secret remained with themselves, till the danger was over, and the government had passed into other hands.

A law had been made, for holding the Inferior Court of Common Pleas, alter­nately in each of the four old towns; and the practice had been continued for seve­ral years, much to the convenience and satisfaction of the people; but Dunbar remonstrated against it, to the Board of [Page 116] Trade, and moved for a disallowance of the act, because the people who had ob­structed him in his office deserved not so much favor. The act was in consequence disallowed, and the courts were afterward confined to Portsmouth.1735. The order for disallowance, came to the hands of Dun­bar, who called a meeting of the Council, that they might advise to its publication. A majority of them would not consent, till the original order was sent to Boston, and Governor Belcher directed the publi­cation of it. This transaction served as matter of fresh complaint,June 13. and was alleg­ed as an argument for the appointment of a Governor, who should reside constantly in the Province.

To finish what relates to Dunbar. He was caressed by the party in opposition to Belcher, under the idea that he had inter­est enough in England, to obtain a com­mission for the government of New-Hampshire. In 1737 he went to England to prosecute his design; where, by his old creditors, he was arrested and thrown into prison. Thomlinson found means to liberate him; but perceived that he had neither steadiness nor ability for the sta­tion at which he aimed,Thomlin­son's let­ters, MS. nor interest enough to obtain it; though, by his pre­sence [Page 117] in England, he served to keep up the opposition to Belcher, and was used as a tool for that purpose, till the object was accomplished. After which he was (1743) appointed, by the East India Company, Governor of St. Helena.

The trade of the Province at this time consisted chiefly in the exportation of lumber and fish to Spain and Portugal, and the Caribbee Islands. The mast trade was wholly confined to Great Britain. In the winter small vessels went to the south­ern Colonies,Belcher's Letters to the Board of Trade. MS. with English and West India goods, and returned with corn and pork. The manufacture of iron within the Prov­ince, which had been set up by the late Lieutenant Governor Wentworth, and other gentlemen, lay under discourage­ment, for want of experienced and indus­trious workmen. The woollen manufac­ture was diminished, and sheep were scarc­er than formerly; the common lands on which they used to feed, being fenced in by the proprietors. The manufacture of linen was much increased by means of the emigrants from Ireland, who were skilled in that business. No improvements were made in agriculture, and the newly grant­ed townships were not cultivated with spirit or success.

[Page 118]There had not been any settled Episcopal Church in the Province from the begin­ning, till about the year 1732; when some gentlemen who were fond of the mode of divine worship, in the Church of England, contributed to the erection of a neat build­ing on a commanding eminence, in Ports­mouth, which they called the Queen's Chapel. Mr. Thomlinson was greatly instrumental of procuring them assistance in England, toward completing and fur­nishing it. It was consecrated in 1734; and in 1736 they obtained Mr. Arthur Browne for their minister, with a salary from the society for propagating the gospel in foreign parts.

About this time, the country was visit­ed with a new epidemic disease, which has obtained the name of the throat distemper. The general description of it is a swelled throat, with white or ash-colored specks, an efflorescence on the skin, great debili­ty of the whole system, and a strong ten­dency to putridity. Its first appearance was in May 1735, at Kingston in New-Hampshire,Douglass's practical history of a new milia­ry fever. an inland town, situate on a low plain. The first person seized, was a child, who died in three days. About a week after,Fitch's Narrative. in another family, at the dist­ance of four miles, three children were [Page 119] successively attacked, who also died on the third day. It continued spreading grad­ually, in that township, through the sum­mer, and of the first forty who had it, none recovered. In August it began to make its appearance at Exeter, six miles north­eastward; and in September, at Boston,^* fifty miles southward, though it was Oc­tober, before it reached Chester, the near­est settlement on the west of Kingston. It continued its ravages through the suc­ceeding winter and spring, and did not dis­appear till the end of the next summer.

The most, who died of this pestilence, were children; and the distress, which it occasioned, was heightened to the most poignant degree. From three to six chil­dren [Page 120] were lost out of some families; seve­ral buried four in a day, and many lost their all. In some towns, one in three, and in others one in four of the sick were carried off. In the parish of Hampton-Falls it raged most violently. Twenty families buried all their children. Twen­ty seven persons were lost out of five fa­milies; and more than one sixth part of the inhabitants of that place died within thirteen months. In the whole Province, not less than one thousand persons, of whom above nine hundred were under twenty years of age, fell victims to this raging distemper.

Since the settlement of this country such a mortality had not been known. It was observed, that the distemper proved most fatal, when plentiful evacuations, particu­larly bleeding, were used; a great prostra­tion of strength being an invariable symp­tom. The summer of 1735, when the sick­ness began, was unusually wet and cold, and the easterly wind greatly prevailed. But it was acknowledged to be, not ‘a crea­ture of the seasons;’ as it raged through every part of the year. Its extent is said to have been 'from Pemaquid to Carolina;' but with what virulence it raged, or in what measure it proved fatal, to the south­ward of New-England, does not appear.

[Page 121]The same distemper has made its ap­pearance at various times since. In 1754 and 1755, it produced a great mortality in several parts of New-Hampshire, and the neighbouring parts of Massachusetts. Since that time it has either put on a mild­er form, or physicians have become better acquainted with it. The last time of its general spreading was in 1784, 5, 6 and 7. It was first seen at Sanford in the county of York; and thence diffused itself, very slowly, through most of the towns of New-England; but its virulence, and the mor­tality which it caused, were comparatively inconsiderable. ‘Its remote,Dr. Hall Jackson's Observa­tions, 1786 or predispos­ing cause, is one of those mysteries in nature, which baffle human inquiry.’

After this account was taken 'several other children died of the throat distemper. In the town of Hamp­ton 13 more within the year 1736. So that the whole number must have exceeded a thousand. In the town of Kittery, in the County of York, died 122.

It appears also, from the church records of Hampton that from January 1754, to July 1755, fifty-one per­sons died of the same distemper, in that town.

WE have now come to that part of the History of New-Hampshire, in which may be seen, operating in a small­er sphere, the same spirit of intrigue which has frequently influenced the conduct of princes, and determined the fate of na­tions. Whilst on the one hand, we see Mas­sachusetts stiffly asserting her chartered claims; and looking with contempt, on the small Province of New-Hampshire, over which she had formerly exercised ju­risdiction; we shall see, on the other hand, New-Hampshire aiming at an equal rank, and contending with her for a large por­tion of territory; not depending solely on argument; but seeking her refuge in the royal favor, and making interest with the servants of the Crown. Had the contro­versy been decided by a court of law, the claims of Massachusetts would have had as much weight, as those of an indi­vidual, in a case of private property; but the question being concerning a line of [Page 124] jurisdiction, it was natural to expect a de­cision, agreeable to the rules of policy and convenience; especially where the tribu­nal itself was a party concerned.

It must be observed, that the party in New-Hampshire, who were so earnestly engaged in the establishment of the boun­dary lines, had another object in view, to which this was subordinate. Their avowed intention was to finish a long con­troversy, which had proved a source of inconvenience to the people who resided on the disputed lands, or those who sought an interest in them; but their secret design was to displace Belcher, and obtain a Gov­ernor who should have no connexion with Massachusetts. To accomplish the prin­cipal, it was necessary that the subordinate object should be vigorosly pursued. The Government of New-Hampshire, with a salary of six hundred pounds, and perqui­sites amounting to two hundred pounds more, equal in the whole to about eight hundred dollars per annum, was thought to be not worthy the attention of any gentleman; but if the lines could be ex­tended on both sides, there would be at once an increase of territory, and a pros­pect of speculating in landed property; and in future there would be an increase [Page 125] of cultivation, and consequently of ability to support a Governor.

The people were told that the lands would be granted to them; and by this bait they were induced to favor the plan; whilst the ministry in England, were flat­tered with the idea, of an increase of crown influence in the plantations.

The leading men in Massachusetts were aware of the views of those in New-Hamp­shire, and determined to guard against them. They presumed, that a line of ju­risdiction would not affect property; and therefore endeavored to secure the lands to themselves, by possession and improve­ment, as far as it was practicable. The same idea prevailed among the Governor's friends in New-Hampshire. They per­ceived, that a tract of wilderness on the north eastern side of Merrimack River, and the ponds which flow into it, must doubtless fall into New-Hampshire. For these lands they petitioned the Governor, and a charter was prepared, in which this whole tract, called King's-Wood, was granted to them. It contained all the lands not before granted, between the bounds of New-Hampshire on the south-west and north-east; which, according to the ideas of those concerned, would have been sufficient for about four large town­ships.

[Page 126]Governor Belcher had a difficult part to act. He was at the head of two rival Provinces; he had friends in both, who were seeking their own as well as the pub­lic interest: He had enemies in both, who were watching him, eager to lay hold on the most trivial mistake, and magnify it to his disadvantage. His own interest was to preserve his commission, and counter­act the machinations of his enemies; but as the settlement of the line, and the re­moving of him from his office, were car­ried on at the same time, and by the same persons, it was difficult for him to oppose the latter, without seeming to oppose the former. Besides, Mr. Wilks, the agent of Massachusetts, was well known to be his friend; and when it was found necessary to increase the number, one of them was his brother, Mr. Partridge. On the other hand, Mr. Rindge and Mr. Thomlinson were his avowed enemies. There was also a differ­ence in the mode of appointing these a­gents. Those of Massachusetts were con­stituted by the Council and Representa­tives, with the Governor's consent. Those of New-Hampshire were chosen by the Representatives only, the Council non­concurring in the choice; which, of course, [Page 127] could not be sanctioned by the Governor's signature, nor by the seal of the Province.

When the petition which Rindge pre­sented to the King,1732. had been referred to the Board of Trade, and a copy of it giv­en to Wilks, to be sent to his constituents, it became necessary that they should in­struct him. Their instructions were de­signedly expressed in such ambiguous terms,Hutchin­son II, 385. Wilks's petitions & report of Board of Trade MS. that he was left to guess their mean­ing, and afterward blamed for not observ­ing their directions. His embarrassment on this occasion, expressed in his peti­tion and counter petition, to the Board of Trade, protracted the business, and gave it a complexion, unfavorable to his con­stituents, but extremely favorable to the design of New-Hampshire.

To bring forward the controversy,1733. Par­ris, the solicitor for the agents of New-Hampshire, moved a question,Printed brief. MS report. ‘From what part of Merrimack river the line should begin?’ The Board of Trade re­ferred this question, to the Attorney and Solicitor General, who appointed a day to hear council on both sides. The council for New-Hampshire insisted, that the line ought to begin three miles north of the mouth of the Merrimack. The council for Massachusetts declared, that in their opini­on, [Page 128] the solution of this question would not determine the controversy, and therefore declined saying any thing upon it. The attorney and solicitor reported, that ‘whether this were so or not,1734. they could not judge; but as the question had been referred to them,Jan. 5. they were of opinion, that according to the charter of Willi­am and Mary, the dividing line ough [...] to be taken, from three miles north of the mouth of Merrimack, where it run into the sea.’ Copies of this opinion were given to each party; and the Lords of Trade reported,1735. that the King should ap­point Commissioners, from the neighbor­ing Provinces,June 5. to mark out the dividing line. This report was approved by the Lords of Council.

Much time was spent in references, messages and petitions, concerning the adjustment of various matters;1737. and at length,Feb. 4 & 9. the principal heads of the com­mission were determined. The first was, that the commissioners should be appoint­ed, from among the Counsellors of New-York, New-Jersey, Rhode-Island and No­va-Scotia. These were all royal govern­ments, except Rhode-Island; and with that Colony, as well as New-York, Mas­sachusetts had a controversy, respecting [Page 129] boundaries. Connecticut, though proposed, was designedly omitted, because it was imag­ined that they would be partial to Massa­chusetts, from the similarity of their habits and interests. The other points were, that twenty commissioners should be nominat­ed, of whom five were to be a quorum; that they should meet at Hampton, in New-Hampshire, on the first of August,Printed brief. 1737; that each Province should send to the Commissioners, at their first meeting, the names of two public officers, on whom any notice, summons, or final judgment might be served; and at the same time should exhibit, in writing, a plain and full state of their respective claims, copies of which should be mutually exchanged; and that if either Province should neglect to send in the names of their officers, or the full state of their demands, at the time appointed, then the Commissioners should proceed ex parte. That when the Com­missioners should have made and signed their final determination, they should send copies to the public officers, of each Prov­ince; and then should adjourn for six weeks, that either party might enter their appeal.

These points being determined; the Board of Trade wrote letters to Belcher,Feb. 18. [Page 130] enclosing the heads of the proposed com­mission, and directing him to recommend to the Assemblies of each Province, to choose their public officers, and prepare their demands, by the time when the Commissioners were to meet. These were accompanied with letters to the Gover­nors of the several Provinces, from which the Commissioners were elected, inform­ing them of their appointment. The letters were delivered to Parris, and by him to Thomlinson,Original letters of Parris. to be sent by the first ship to America. Those to Massachusetts and New-Hampshire, were directed, the one to Mr. Belcher, by name, as Governor of Massachusetts; the other, to the com­mander in chief, resident in New-Hamp­shire; and it was required that the delivery of the letters should be certified by affidavit. The design of this singular injunction was, that Dunbar, if present, should receive the letter, and call the Assembly of New-Hampshire immediately; and that if Belcher should forbid or hinder it, the blame of the neglect should fall on him. At the same time another letter, respect­ing a petition of a borderer on the line, and containing a reprimand to Belcher, was sent in the same manner, to be deliv­ered by Dunbar, into Belcher's hands. [Page 131] These intended affronts, both failed of their effect; Dunbar having, before the arrival of the letters, taken his passage to England.

The anxiety of Thomlinson, to have the earliest notice possible, of the intend­ed commission sent to New-Hampshire, led him not only to forward the public letters; but to send copies of all the trans­actions, to his friends there.Feb. 15. In a letter to Wiggen and Rindge (the committee who corresponded with him) he advised them, to make the necessary preparations,Original MS letter. as soon as possible, to act in conformity to the commission and instructions; and even went so far as to nominate the per­sons, whom they should appoint, to man­age their cause before the Commissioners.

These papers were communicated to the Assembly, at their session in March;March 18. and at the same time the Governor laid before them, a copy of the report of the Board of Trade, in favor of a com­mission, which had been made in the preceding December. In consequence of which,April 1. the Assembly appointed a com­mittee of eight ^* who were empowered [Page 132] ‘to prepare witnesses, pleas and allega­tions, papers and records, to be laid be­fore the Commissioners;Assembly Records & printed brief. to provide for their reception and entertainment, and to draw upon the Treasurer for such supplies of money as might be needful.’ This appointment was made by the unit­ed voice of the Council and Representa­tives, and consented to by the Governor; and though it was made, three weeks be­fore the reception of the letters, from the Lords of Trade, directing the appointing of public officers, and preparing a state­ment of claims; yet it was understood to be a full compliance with the orders and expectations of the government in Eng­land.

The same day on which this order pas­sed, the Governor prorogued the Assem­bly to the sixth of July; and on the twen­tieth of June he prorogued it again, to the fourth of August.

The letters respecting the commission, were delivered to Mr. Belcher, on the twenty-second of April; and he acknow­ledged the receipt of them, in a letter to the Board of Trade, on the tenth of May. The commission itself was issued on the ninth of April, and sent to Mr. Rindge; who kept it till the meeting of the Com­missioners, [Page 133] and then delivered it to them. The expense of it, amounting to one hun­dred and thirty-five pounds sterling, was paid by the agents of New-Hampshire.

At the spring session of the General Court in Massachusetts;May 27. Journal of Assembly. the Governor laid before them the letter from the Lords of Trade, inclosing an order from the Privy Council, and recommended to them to stop all processes in law, respecting any disputes of the borderers, till the bounda­ries should be determined. During the same session, he reminded them of the order, and desired them to consider it;July 4. telling them that he had no advice of the appointment of Commissioners. His meaning was, that the commission itself, in which they were named, had not been sent to him; nor was he actually inform­ed that it was in America, till after he had prorogued the Assemblies of both Provinces to the fourth of August. In obedience to the royal order, the Assem­bly of Massachusetts appointed Josiah Willard, Secretary, and Edward Winslow,July 5. Sheriff of Suffolk, to be the two public officers; on whom, or at whose place of abode, any notice, summons, or other process of the Commissioners, might be served.

[Page 134]On the day appointed eight of the Com­missioners met at Hampton.^* They pub­lished their commission,August 1. opened their court, chose William Parker their clerk, and George Mitchel surveyor. On the same day,MS origi­nal min­utes by Dr. Parker. the Committee of eight, who had been appointed by the Assembly of New-Hampshire, in April, appeared; and delivered a paper to the court, reciting the order of the King, for the appointment of two public officers; alleging that the As­sembly had not been convened since the arrival of that order; but, that there should be no failure for want of such offi­cers, they appointed Richard Waldron, Secretary, and Eleazer Russell, Sheriff. They also delivered the claim and demand of New-Hampshire, in the following words. ‘That the southern boundary of said Province should begin at the end of three miles north from the middle of the channel of Merrimack river, where it runs into the Atlantic Ocean;MS Min­utes, and Massachu­setts Jour­nal, p. 34. and from thence should run, on a straight line, west, up into the main land (toward the south sea) until it meets his Majesty's [Page 135] other governments. And that the north­ern boundary of New-Hampshire should begin at the entrance of Piscataqua har­bour, and so pass up the same, into the river of Newichwanock, and through the same, into the farthest head thereof; and from thence northwestward, (that is, north, less than a quarter of a point, westwardly) as far as the British domin­ion extends; and also the western half of the Isles of Shoals, we say, lies within the Province of New-Hampshire.’

The same day, Thomas Berry and Ben­jamin Lynde, Counsellors of Massachusetts, appeared and delivered the vote of their As­sembly, appointing two public officers, with a letter from the Secretary, by order of the Governor, purporting, that ‘at the last rising of the Assembly there was no account that any commission had arrived; that the Assembly stood prorogued to the fourth of August; that a commit­tee had been appointed, to draw up a state of their demands, which would be reported at the next session, and there­fore praying that this short delay might not operate to their disadvantage.’ Up­on this, the committee of New-Hamp­shire drew up and presented another pa­per,August 2. charging the government of Massa­chusetts [Page 136] with ‘great backwardness, and aversion to any measures, which had a tendency to the settlement of this long subsisting controversy; and also charg­ing their agent, in England, with having used all imaginable artifices,MS Min­utes. to delay the issue; for which reason, the agent of New-Hampshire had petitioned the King, to give directions, that each party might be fully prepared, to give in a state of their demands, at the first meeting of the Commissioners; which direction they had faithfully observed, to the utmost of their power; and as the Assembly of Massachusetts had made no seasonable preparation, they did, in behalf of New-Hampshire, except and protest against any claim or evidence being received from them, and pray the court to pro­ceed ex parte, agreeably to the commis­sion.’

It was alleged in favor of Massachu­setts, that by the first meeting of the Commissioners could not be meant the first day, but the first session. The court understood the word in this sense, and re­solved, that Massachusetts should be al­lowed time, till the eighth of August, and no longer, to bring in their claims; and that if they should fail, the court [Page 137] would proceed ex parte. The Court then adjourned to the eighth day.

The Assembly of New-Hampshire met on the fourth; and the Secretary,August 4. by the Governor's order, prorogued them to the tenth, then to meet at Hampton-Falls. On the same day,Massachu­setts As­sembly Records. the Assembly of Massa­chusetts met at Boston; and after they had received the report of the committee, who had drawn up their claim, and dis­patched expresses to New-York and New-Jersey, to expedite the other Commission­ers; and appointed a committee to sup­port their claims;^* the Governor adjourn­ed them, to the tenth day, then to meet at Salisbury. Thus the Assemblies of both Provinces were drawn within five miles of each other; and the Governor declared, in his speech, that he would ‘act as a common father to both.’

The claim of Massachusetts being pre­pared, was delivered to the Court,August 8. on the day appointed. After reciting their grant [Page 138] and charters, and the judicial determina­tion in 1677, they asserted their ‘claim and demand,Journal, page 6. still to hold and possess, by a boundary line, on the southerly side of New-Hampshire, beginning at the sea, three English miles north from the Black Rocks, so called, at the mouth of the riv­er Merrimack, as it emptied itself into the sea sixty years ago; thence running parallel with the river, as far northward as the crotch or parting of the river; thence due north, as far as a certain tree, commonly known for more than seven­ty years past, by the name of Endicot's tree; standing three miles northward of said crotch or parting of Merrimack riv­er; and thence, due west to the South Sea; which (they said) they were able to prove, by ancient and incontestible evi­dence, were the bounds intended, grant­ed and adjudged to them; and they in­sisted on the grant and settlement as above said, to be conclusive and irre­fragable.’

‘On the northerly side of New-Hamp­shire, they claimed a boundary line, be­ginning at the entrance of Piscataqua harbour; passing up the same, to the river Newichwanock; through that to the farthest head thereof, and from thence [Page 139] a due north west line, till one hundred and twenty miles from the mouth of Piscataqua harbour be finished.’

The Court ordered copies of the claims of each Province, to be drawn and ex­changed; and having appointed Benjamin Rolfe of Boston, an additional Clerk, they adjourned to the tenth day of the month.

On that day both Assemblies met at the appointed places.Aug. 10. A cavalcade was form­ed from Boston to Salisbury, and the Gov­ernor rode in state, attended by a troop of horse.^* He was met at Newbury ferry by another troop; who, joined by three more at the supposed divisional line, con­ducted him to the George Tavern, at Hampton-Falls; where he held a Coun­cil and made a speech to the Assembly of New-Hampshire. Whilst both Assem­blies were in session; the Governor, with a select company, made an excursion, of [Page 140] three days, to the falls of Amuskeag; an account of which was published in the papers, and concluded in the following manner: ‘His Excellency was much pleased with the fine soil of Chester,Boston Week [...]y News Let­ter, Aug. 25. the extraordinary improvements at Derry, and the mighty falls at Skeag.’

In the speech, which the Governor made to the Assembly of New-Hampshire, he recommended to them to appoint two officers, agreeably to his Majesty's com­mission. The Assembly appeared to be much surprised at this speech; and in their answer, said, that ‘the committe [...] before appointed had already given in the names of two officers,Assembly Journal an [...] [...]nted brief. which they approved of; for had it not been done, at the first meeting of the Commissioners, they might have proceeded ex parte.’

Considering the temper and views of Mr. Belcher's opponents, this was rather unfortunate for him, so soon after his profession of being 'a common father to both Provinces.' For if the committee had a right to nominate the two officers, then his recommendation was needless; if they had not, it might justly be asked, why did he not call the Assemb [...]y together, on the sixth of July, to which day they had been prorogued? The excuse was, [Page 141] that he did it, to avoid any objection, which might be made to the regularity of their appointment; and to give them an opportunity to ratify and confirm it. The truth was, that Mr. Belcher highly re­sented the conduct of the committee of New-Hampshire, who concealed the com­mission, and never communicated it to him in form. Had he been aware of the use, which his enemies might make, of his rigid adherence to forms, when he could not but know the contents of the com­mission, and the time when it must be ex­ecuted, prudence might have dictated a more flexible conduct. They did not fail, to make the utmost advantage of his mis­takes, to serve the main cause which they had in view.

The expresses which were sent by Mas­sachusetts, to call the other Commission­ers, had no other effect than to add to the number, Philip Livingstone, from New-York; who, being senior in nomination, presided in the Court.

To prevent the delay, which would un­avoidably attend the taking of plans from actual surveys; the Commissioners recom­mended, to both Assemblies, to agree upon a plan, by which the pretensions of each Province should be understood; but as [Page 142] this could not be done, a plan drawn by Mitchel was accepted, and when their re­sult was made this plan was annexed to it. They then proceeded to hear the an­swers, which each party made, to the de­mands of the other, and to examine wit­nesses on both sides. Neither party was willing to admit the evidence, produced by the other, and mutual exceptions and protests were entered. The points in de­bate were, whether Merrimack river, at that time, emptied itself into the sea, at the same place where it did sixty years be­fore? Whether it bore the same name, from the sea, up to the crotch? and wheth­er it were possible to draw a parallel line, three miles northward, of every part of a river; the course of which was, in same places, from north to south?

With respect to the boundary line, be­tween New-Hampshire and Maine; the controverted points were, whether it should run up the middle of the river, or on its north-eastern shore; and whether the line, from the head of the river, should be due north-west, or only a few degrees westward of north.

The grand point on which the whole controversy respecting the southern line turned, was, whether the charter of Wil­liam [Page 143] and Mary granted to Massachusetts, all the lands which were granted, by the charter of Charles the first? On this ques­tion, the Commissioners did not come to any conclusion. Reasons of policy might have some weight, to render them indeci­sive; but, whether it were really so or not, they made and pronounced their result in the following words.Sept 2. ‘In pursuance of his Majesty's commission,MS Copy. the Court took under consideration, the evidences, pleas, and allegations offered and made by each party;Journal of Massachu­setts As­sembly, p. 35. and upon mature advisement on the whole, a doubt arose in point of law; and the Court thereupon came to the following resolution. That if the char­ter of King William and Queen Mary, grants to the Province of Massachusetts Bay, all the lands granted by the charter of King Charles the first, lying to the northward of Merrimack river; then the Court adjudge and determine, that a line shall run, parallel with the said river, at the distance of three English miles, north from the mouth of the said river, beginning at the southerly side of the Black Rocks, so called, at low wa­ter mark) and from thence to run to the crotch, where the rivers of Pemigewasset and Winipiseogee meet; and from thence [Page 144] due north three miles, and from thence due west, toward the south sea, until it meet [...] with his Majesty's other governments; which shall be the boundary or dividing line, between the said Provinces of Mas­sachusetts and New-Hampshire, on that side. But, if otherwise, then the Court adjudge and determine, that a line on the southerly side of New-Hampshire, be­ginning at the distance of three miles north, from the southerly side of the Black Rocks aforesaid, at low water mark, and from thence running due west, up into the main land, toward the south sea, until it meets with his Majesty's other governments, shall be the bounda­ry line between the said Provinces, on the side aforesaid: Which point in doubt, the Court humbly submit, to the wise consideration of his most sacred Majesty, in his Privy Council; to be determined according to his royal will and pleasure.’

‘As to the northern boundary, between the said Provinces, the Court resolve and determine; that the dividing line shall pass up through the mouth of Piscata­qua harbour, and up the middle of the river of Newichwanock, (part of which is now called Salmon-Falls) and through the middle of the same, to the farthest [Page 145] head thereof, and from thence north, two degrees westerly, until one hundred and twenty miles be finished, from the mouth of Piscataqua harbour aforesaid; or until it meets with his Majesty's other governments. And, that the dividing line shall part the Isles of Shoals, and run through the middle of the harbour, between the islands, to the sea, on the southerly side; and that the southwester­ly part of said islands shall lie in, and be accounted part of, the Province of New-Hampshire; and that the north-easterly part thereof shall lie in, and be account­ed part of, the Province of Massachusetts Bay; and be held and enjoyed by the said Provinces respectively, in the same man­ner as they now do, and have heretofore held and enjoyed the same.’

‘And the Court do further adjudge, that the cost and charge arising by tak­ing out the Commission, and also of the Commissioners and their officers, viz. the two Clerks, Surveyor and Waiter, for their travelling expenses, and attendance in the execution of the same, be equally borne by the said Provinces.’

Thus this long depending question, af­ter all the time, expense and argument, which it had occasioned, remained unde­cided.

[Page 146]When this evasive decree was published, the Commissioners adjourned, to the four­teenth of October, to receive appeals; and the same day, the Governor, at the request of the Council only, adjourned the Assembly of New-Hampshire to the twelfth of October. By this sudden ad­journment, it was impossible for them to obtain a copy of the decree, before their dispersion, or to frame an appeal, till two days before the time, when it must have been presented. The Assembly of Massa­chusetts continued their session, at Salisbu­ry, five days longer. On the fifth of Sep­tember, they obtained copies of the royal Commission, and the decree of the Com­missioners, which they entered on their journal. On the sixth, they agreed upon an appeal; and on the seventh, at the unit­ed request of both Houses, the Governor adjourned them to the 12th of October.

The sudden adjournment of the Assem­bly of New-Hampshire, when that of Massachusetts continued their session, was unfortunate for Governor Belcher; and gave his opponents another advantage, to pursue their grand design against him. The reasons assigned for it were, that the report of the Commissioners being special,Printed brief. the whole matter would of course come [Page 147] before the King, without any appeal from either Province. For this reason, a major­ity of the Council were against an appeal. That as the committee, appointed in A­pril, had the same power to act in the re­cess, as in the session of the Assembly; and, as the Council were against appeal­ing; so the appeal could not be made, by the whole Assembly, and therefore the Governor thought, that the best service which he could do to the Province, was to adjourn the Assembly, and leave the whole business in the hands of the committee. With respect to the short time, between the 12th and 14th of October, it was ob­served, that the claim of New-Hampshire was contained in a few lines, and their exceptions to the judgment of the Com­missioners might be prepared in a quarter of an hour.

Both Assemblies met again, in the same places, at the appointed time.Oct. 12. The Re­presentatives of New-Hampshire having, by the help of their committee, in the re­cess of the Assembly, obtained the papers, framed their exceptions and sent a message, to know if the Council were sitting; but the Council, being determined against an appeal, had met and adjourned, without doing any business. The House therefore [Page 148] was reduced to the necessity of desiring the Commissioners to receive their appeal, without the concurrence of the Governor and Council. The appeal, from the As­sembly of Massachusetts, was presented in due form, authenticated by the Speaker, Secretary and Governor. Their commit­tee entered a protest against the appeal of New-Hampshire, because it was not an act of the whole Legislature; nevertheless, the Commissioners received it, and entered it on their minutes. Having received these appeals, the Commissioners adjourned their Court to the first of August in the next year, but they never met again.

The Assembly of Massachusetts appoint­ed Edmund Quincy and Richard Partridge Agents,Massachu­setts Jour­nal of As­sembly. to join with Francis Wilks, their former agent, in the prosecution of their appeal before the King; and raised the sum of two thousand pounds sterling, to defray the expense.

When the Representatives of New-Hampshire proposed the raising of money, to prosecute their appeal, the Council non-concurred the vote.Printed brief. Their reasons were, that the appeal was not an act of the Council; that they had no voice in the appointment of the agent; and, that at the beginning of the affair, the House had [Page 149] declared to the Council, that the expense of it would be defrayed by private sub­scription.

At this session of the Massachusetts As­sembly, Mr. Belcher put them in mind that he had suffered in his interest, by the continually sinking value of their bills of credit, in which his salary was paid; a point which he had, often before,Hutch. II, 390. urged them to consider. In answer to this mes­sage, they made him a grant of £ 333, 6, 8,Journal, in bills of the new tenor. The same day,Oct. 19. they made a grant of the like sum, to the President of Harvard College. Both these sums appear to have been justly due; and at any other time, no exception could have been made to either. But, because the grant to the Governor happened to be made, at the same time with the grant of £ 2000 sterling to the agents, his opponents pre­tended, that he received it as a bribe, from the Assembly of Massachusetts, for favor­ing their cause.

The appeal of New-Hampshire, from the judgment of the Commissioners,MSS. was founded on the following reasons. With respect to the southerly line; because it made the Black Rocks, lying in a bay of Merrimack river, the point from which the three miles were to be measured; which [Page 150] point was three quarters of a mile north of the river's mouth; and, because a line, parallel with the river, was not only im­practicable, but founded on the old char­ter, which had been vacated; and, if prac­ticable, yet ought not to go farther than the river held a westerly course. With res­pect to the northern boundary, they ob­jected to that part of the judgment only, which directed the line to run up the mid­dle of the river; alleging that the grant to Gorges was only of land, between that river and Kenebec; and that New-Hamp­shire had always been in possession of the whole river, and had maintained a fortress which commanded its entrance.

The appeal of Massachusetts was ground­ed on the following reasons. That by the charter of William and Mary, the old Col­ony of Massachusetts was re-incorporated without any exception; that this charter empowered the Governor and General Assembly to grant all lands, comprehended in the old Colony; that the committee of New-Hampshire acknowledged, that New-Hampshire lay without the late Colony of Massachusetts, by declaring that it was between that and the Province of Maine; that the west line, claimed by New-Hamp­shire, would cross Merrimack river, thirty [Page 151] miles from its mouth, and exclude forty miles of said river out of Massachusetts, though declared, by both charters, to be in it. They objected to extending the line of New-Hampshire till it should meet with his Majesty's other governments; because according to Mason's grant, New-Hampshire could extend no farther than sixty miles from the sea. With respect to the northern boundary, they objected to a line north, two degrees westwardly, alleging that it ought to be on the north­west point; they also excepted to the pro­traction of this line, till it should meet with his Majesty's other governments; al­leging that it ought to extend no farther than one hundred and twenty miles, the fixed limits of the Province of Maine.

It was unfortunate for Massachusetts that their committee had brought Mason's grant, in evidence to the Commissioners, and again recited it in their appeal; for a line of sixty miles from the sea would cross Merrimack river, long before the similar curve line, for which they contend­ed, could be completed. Besides, Mason's grant extended to Naumkeag; which was much further southward, than they would have been willing to admit.

[Page 152]It may seem curious and unaccounta­ble to most readers, that the Commission­ers should determine the northern, or rath­er eastern bounds of the northern part of New-Hampshire, to be a line drawn north, two degrees westerly, from the head of Sal­mon-fall River; when the express words of Gorges' patent are 'north westward.' The agents for Massachusetts, when this claim was put in by New-Hampshire,Hutchin­son II, 389. could hardly think it was seriously meant, when it was alleged that by northwest­ward must be understood, north a little westward.MS min­utes of the Commis­sioners. The only ostensible reason, given for this construction was, that if a northwest line had been intended, then a southeast line, drawn from the mouth of the harbour, would leave all the Isles of Shoals in New-Hampshire; whereas, the dividing line runs between them. On the other side, it might have been said, with equal propriety, that a line drawn south, two degrees east, from the mouth of the harbour, would leave all these islands in Massachusetts. For the point where the islands are divided bears south, twenty­nine degrees east,Observed 1781. from the middle of the harbour's mouth; the variation of the needle being six degrees west.

[Page 153]When this affair was again agitated in England, the agents of Massachusetts ob­tained a certificate from the learned Dr. Halley, that a line northwestward ought to run forty-five degrees westward of the north point. This was demonstratively true; but there were political reasons for dissenting from mathematical demonstra­tion. One of them is thus expressed, in a private letter, from a committee of the Assembly, to their agent Thomlinson. ‘We hope that the northern line will be but a few degrees, to the westward of north, that his Majesty's Province may include the greatest number, and best mast trees for the royal navy.’ Though this thought might never have occurred to a mathematician, yet some of the Com­missioners were doubtless acquainted with it; and it was too important, not to have been communicated to the King's minis­ters. Another political reason of dissent was, that by enlarging New-Hampshire, there would be a better prospect of obtain­ing a distinct Governor, which was the grand object in view.

The new agent of Massachusetts,1738. Ed­mund Quincy, died of the small-pox, soon after his arrival in London. The affair was then left in the hands of Wilks [Page 154] and Partridge, neither of whom under­stood so much of the controversy as Thom­linson; who was also far superior to them in address. In his letters, to his friends in New-Hampshire, he frequently blames them for their negligence, in not sending to him the necessary papers in proper season; and when sent, for the want of correctness and regularity in them. But their deficiency was abundantly compen­sated by the dexterity of his solicitor, Par­ris; who drew up a long ‘petition of ap­peal;’ in which, all the circumstances, attending the whole transaction, from the beginning, were recited, and colored, in such a manner, as to asperse the Governor and Assembly of ‘the vast, opulent, over­grown Province of Massachusetts;’ while ‘the poor, little, loyal, distressed Province of New-Hampshire’ was represented as ready to be devoured, and the King's own prop­erty and possessions swallowed up, by the boundless rapacity of the charter govern­ment. Concerning the manner in which this masterly philippic was framed, and the principal object at which it was di­rected, there can be no better evidence, than that which is contained in a letter, written by Parris to Thomlinson, and by him sent to New-Hampshire. ‘Two [Page 155] nights ago, I received a heap of papers from you, about the lines; and have been four times to the Colony Office,Feb. 4. and Board of Trade, to discover what I could in this imperfect affair; but can­not see the case, till after Tuesday next. Notwithstanding which, I have, as well as I can, without proper materials, drawn up a long petition of appeal, to his Ma­jesty; and as the Massachusetts have not yet presented theirs, I send you the draught of it, and hope we shall have our appeal, as well as the petition, from the New-Hampshire Assembly, in, be­fore the Massachusetts get theirs in. Had your principals considered the great con­sequence of being first, surely, in all this time, they would have sent you a copy of their proceedings, in order to have en­abled us to be first; but, as it is, I am forced to guess at matters, and affirm facts at adventure, or upon dubious passa­ges in letters; which is a sad way of pro­ceeding, and I wish we do not mistake some facts. They oblige us to make brick without straw. Above all, why did they not send a copy of their own appeal? For want of it, I have been for­ced to guess what that appeal was, from [Page 156] loose passages in Mr. A's letters. Beg them, immediately to order, an exact copy to be made of all their votes, from March to October last. Had these votes come over regularly and authentically, his EXCELLENCY would have been shak­en quite down, in a few weeks by them. You'll observe, I have laid it on him pret­ty handsomely, in my petition to the King.^*’

Thus the petition of appeal became a petition of complaint, against the Gover­nor and Assembly of Massachusetts. Cop­ies were delivered to their agents, and the Governor was ordered to make answer to the allegations against him. At the same time, Thomlinson advised his friends in New-Hampshire, to prepare their proofs, as silently as possible;Thomlin­son's MS letters. and by no means to give any offence to the Governor; assur­ing them of the favorable disposition of several Lords of the Privy Council, as well as the Board of Trade, toward their cause; and that they had need to be [...] no pain, about the event.

[Page 157]The death of Mr. Quincy at this criti­cal period, and the length of time neces­sary to prepare and send over answers, to the complaint which Parris had thus art­fully drawn up, obliged the agents of Massachusetts to suspend the presenting of their appeal for several months.

THE spirit of intrigue was not con­fined to New-Hampshire; for the politicians of Massachusetts, by bringing into view the long dormant claim of Ma­son, had another game to play, besides proving the small extent of New-Hamp­shire. They perceived that the line, whether settled according to their own demand or that of New-Hampshire, would cut off a considerable part of seve­ral of their townships; and though they had, by their agent, obtained a promise, that private property should not be affect­ed by the line of jurisdiction, yet they thought it best to have some other secu­rity.

For what reason the government of Massachusetts did not purchase the Prov­ince of New-Hampshire, from Robert [Page 159] Mason, at the same time (1677) that they purchased the Province of Maine, from the heirs of Gorges, we are not now able precisely to determine.See Vol. I. p. 118. It is probable that the purchase might then have been easily made, and much controversy prevent­ed. When it was sold, by John and Robert Mason, to Samuel Allen (1691) the bargain was made in England; and the lands were, by fiction of law, supposed to be there;^* by which means, the process respecting the fine and recovery was carried on in the Court of King's bench. During the lives of the two Masons, no notice was taken of the supposed flaw; and the sale to Allen was not disputed. The brothers returned to America. John the elder, died without issue. Robert married in New-England, and had a son; who, after the death of his father, conceived hopes of invalidating Allen's purchase, and regaining his pa­ternal inheritance; which it was supposed could not have been transferred by his fa­ther and uncle, for any longer term, than their own lives. It was also said that the fiction, by which the lands were described, to be within the jurisdiction of the Courts [Page 160] of Westminster Hall, rendered the pro­ceedings void; and therefore that the en­tail was still good. Filled with these idea [...], he made strenuous exertions, to acquire money, to assist him in realizing his ex­pectations; but died in the midst of his days, at the Havanna, whither he had made a voyage with this view.(1718) His eldest son, John Tufton, was bred to a mechani­cal employment in Boston; and came of age, about the time in which the contro­versy between the two Provinces was in agitation. He inherited the enterprising spirit of his ancestors, and the public con­troversy called his attention to his interest. On this young man,1738. the politicians [...] their eyes; and having consulted council▪ on the validity of his claim, and the [...] of the transfer;MS copy of Read's and Auch­muty's o­pinions. they encouraged him [...] hope, that this was the most favorable time to assert his pretensions. Had [...] purchased his claim at once; they might doubtless have obtained it for a trifle, [...] have greatly embarrassed the views of their antagonists. Instead of such a stroke of liberal policy, they treated with him, concerning the release of all those lands, in Salisbury, Amesbury, Haverhill, Methu­en and Dracut, which the line would cut off; and, for five hundred pounds curren­cy, [Page 161] obtained a quit-claim of twenty three thousand six hundred and seventy five acres.July 1. They also admitted his memorial to the Assembly;Journal of Assembly. in which he represented to them, that his interest might probably be affected, by the final determination of the line, and praying that the Province would be at the expense of his voyage to England, to take proper measures for se­curing it. To this they consented, on condition that he should prove his descent from Captain John Mason, the original patentee.MS copies in the Pro­prietary of­fice. Depositions were accordingly taken in both Provinces, to which the public seals were affixed; and they put him under the direction of their agents, ordering his expenses to be paid, as long as they should judge his presence in Eng­land serviceable to their views.

The agents stated his case to their Coun­cil, the King's solicitor;Agent's letters in Secretary's Office of Massachu­setts. and asked his opinion, how they should proceed; but he advised them, not to bring him into view, lest the Lords should think it an artifice, intended to perplex the main cause. On this consideration, they dismissed him from any farther attendance; and paid his expenses, amounting to above ninety pounds sterling.^*

[Page 162]Such a transaction, though conducted as privately as the nature of the thing would admit, did not escape the vigilance of Thomlinson; who, on finding Mason detached from the agents of Massachusetts, entered into an agreement with him, for the release of his whole interest, to the Assembly of New-Hampshire; in consider­ation of the payment of one thousand pounds, currency of New-England. This manoeuvre served to strengthen the interest of New-Hampshire, and Thomlinson was much applauded for his dexterity. He had the strongest inducement, to continue his efforts in their favor; for no less than twelve hundred pounds sterling had been already expended, in prosecuting the af­fair of the line; which sum had been ad­vanced by himself and Rindge. There was no prospect of repayment, unless the Province could be put under a separate Governor; and this point could not be obtained, till the removal of Belcher.

The agents of Massachusetts, after a long delay,July 18. October 9. presented their appeal; and followed it with a petition,Printed brief and MS letters. for the bene­fit of their former protests, against the New-Hampshire appeal; objecting also to its regularity, as it contained matters of personal complaint, against the Gover­nor; [Page 163] which had been no part of the rec­ords of the Commissioners. Thomlin­son finding this new petition thrown in his way, applied for its being immediate­ly heard; and at the hearing,Nov. 30. it was dis­missed, but without prejudice to the agents of Massachusetts being permitted, to ob­ject against the regularity of the New-Hampshire appeal, when it should come to a hearing. Such were the complaints against the Governor, and the importuni­ty of his adversaries to prosecute them, that it was necessary to hear and dispatch them, before the appeal respecting the lines could be brought forward.

It must be remembered, that Mr. Belch­er had enemies, in his government of Massachusetts as well as New-Hampshire, who united their efforts to obtain his removal from both; but, as they suppos­ed him more vulnerable in his capacity of Governor of New-Hampshire, so they joined in strengthning the complaints, from that quarter, as a preparatory step, to effect his complete removal. Whilst he was engaged, in preparing for his de­fence, against the charges, in the petition of appeal; other attacks were meditating, which were conducted with such silence that it was impossible for him to guard [Page 164] against their effects.1739. One of these was a letter, purporting to have been written at Exeter,May 5. subscribed by five persons, said to be inhabitants of that town, and directed to Sir Charles Wager, first Lord of the Admiralty. In this letter it was said, that ‘finding his Lordship had ordered the Judge Advocate of the Court of Admi­ralty to inquire into the riot,MS copy of Exeter letter. which had been committed there, (1734) and the assault of the surveyor and his officers; and fearing to be brought into trouble on that account, they would confess the whole truth. That they had been in­dulged, by former surveyors, in cutting all sorts of pine trees, till the appoint­ment of Col. Dunbar to that office; who had restrained and prosecuted them; but that Governor Belcher had privately given them encouragement, to go on; by assuring them that they had the best right to the trees; that the laws were iniquitous, and ought not to be regard­ed; that although he must make a shew of assisting that Irish dog of a surveyor; yet he would so manage it with the Council and Justices, who were under his influence, that they should not suf­fer; and further to encourage them, he had made several of them justices of [Page 165] the peace, and officers of militia. That he had also told them not to fear any in­quiry into their conduct; for that he would write to the Board of Admiralty, in their favor; and boasted, that he had such an influence over their Lordships, that they would believe every thing which he should say. That as they had now confessed the truth, they hoped to be forgiven, and not prosecuted in the Admiralty Court; and begged that this information might be kept secret till the Governor's removal, which they hoped would soon be effected. That whatever might have been said to the contrary, they could assure him that the Province of New-Hampshire contained the larg­est number of pine trees, and of the best quality, in all his Majesty's American dominions; and, for further informa­tion, they referred his Lordship to seve­ral persons then in London, particular­ly to Mr. Wentworth and Mr. Waldo; the latter of whom, was agent to Mr. Gulston, for procuring masts for the royal navy.’

On the receipt of this letter, Sir Charles, with the candor of a gentleman, sent a copy of it to Mr. Belcher; who immedi­ately ordered an inquiry; and it was [Page 166] proved to be an entire forgery; four of the persons whose names were subscribed utterly disclaimed it, and the fifth was not to be found; no such person being known in the town of Exeter. The evi­dence of this forgery was transmitted to England, with all possible expedition; but not till it had made an impression, to the disadvantage of the Governor.

Another artifice used against him, was a memorial of Gulston, the navy agent, and others; complaining of the defence­less state of the Province; that the fort lay in ruins, and that the militia were without discipline; notwithstanding the probability of a war. This memorial was so artfully drawn, as to throw the blame of the neglect on the Governor, without mentioning his name;Belcher's letters MS. which was intended, to prevent his obtaining a copy, and being allowed time to answer. Another complaint was made in the form of a letter, respecting the grant of the tract called Kingswood; in which he was represented, as partial to his friends, in giving them an exclusive right, to the whole of that territory, which they deem­ed, the unappropriated lands of the Prov­ince. Several parts of his administration were also complained of; and in particu­lar [Page 167] the infrequency of his visits to New-Hampshire. This letter was signed by six members of the Council, and a majority of the Representatives.

Gulston's memorial was presented to the Lords of Council; and by them re­ferred to the Board of Trade, accompani­ed by the letter; and though Mr. Belch­er's brother and son applied for copies, and time to answer, the request was evad­ed; and a report was framed, in favor of putting New-Hampshire under a sepa­rate Governor. When this report came before the Privy Council, Lord Wilming­ton, the President, ordered it back again; that the Governor might have that justice which his agents had asked. By this means, he had opportunity to answer in his defence; that without money, the fort could not be repaired; that it was not in his power to tax the people; that he had frequently applied to the Assem­blies for money, to repair the fort; to which they had constantly answered, that the people were too poor to be taxed; and had solicited him to break through his instructions, and allow them to issue pa­per money, without any fund for its re­demption; that the militia had always been trained according to law; and that [Page 168] he had constantly visited New-Hampshire, and held an Assembly, twice in the year, unless prevented by sickness; for which he appealed to the journals. To corrob­orate these pleas, the Governor's friends procured five petitions, in his favor, and praying for his continuance, signed by about five hundred people. The petitions, however, did not express the sense of the majority; who had been persuaded into a belief, that they should receive much ben­efit by a separate Governor; and accord­ingly, a counter petition being circulated, was signed by about seven hundred of the inhabitants.

Things being thus prepared, the com­plaints were brought to a hearing,Nov. 21. before the Lords of Council;Printed brief. who reported to the King, ‘that Governor Belcher had acted with great partiality, by prorogu­ing the Assembly of New-Hampshire, from the sixth of July, 1737, to the fourth of August following; in disobe­dience to his Majesty's order in Council; which had been transmitted to him by the Lords of Trade, and which was proved to have been delivered to him, in due time; and, also by farther pro­roguing the said Assembly, from the sec­ond of September, 1737, to the thir­teenth [Page 169] of October; whereby the Prov­ince were deprived of the time, intended by his Majesty's said order, to be allow­ed them, to prepare a proper and regu­lar appeal; thereby endeavoring to frustrate the intention of his Majesty's commission.Dec. 27.’ This report was approv­ed by the King; and from this time, it may be concluded, that Mr. Belcher's re­moval from the Government of New-Hampshire was seriously contemplated. The grant of Kingswood was also an­nulled; and he was prohibited from mak­ing any other grants of land, till the lines should be determined.

This censure being passed on the Gov­ernor,1740. and the complaints being at an end; the way was prepared for a hearing of the appeals, from both Provinces,March 5. re­specting the lines. Which being had, the determination of this long controversy was made on a plan entirely new. The spe­cial part of the decree of the Commissioners was set aside, and no regard was had to their doubt, whether the new charter grant­ed all the lands comprehended in the old. It was said, that when the first grant was made, the country was not explored. The course of the river, though unknown, was supposed to be from west to east; [Page 170] therefore it was deemed equitable,1739. that as far as the river flowed in that course, the parallel line at three miles distance should extend. But as on the one hand, if by pursuing the course of the river, up into the country, it had been found to have a southern bend, it would have been in­equitable to have contracted the Massa­chusetts grant; so, on the other hand, when it appeared to have a northern bend, it was equally inequitable to enlarge it. Therefore it was determined; ‘that the northern boundary of the Province of Massachusetts be, a similar curve line, pursuing the course of Merrimack river, at three miles distance,Council Records. on the north side thereof, beginning at the Atlantic Ocean, and ending at a point due north of Pa­tucket falls; and a straight line drawn from thence due west, till it meets with his Majesty's other governments.’ The other parts of the decree of the Commis­sioners, respecting the northern line, and the payment of expenses, were affirmed.

This determination exceeded the utmost expectation of New-Hampshire; as it gave them them a tract of country, four­teen miles in breadth, and above fifty in length, more than they had ever claimed. It cut off from Massachusetts, twenty eight [Page 171] new townships,1740. between Merrimack and Connecticut rivers; besides large tracts of vacant land, which lay intermixed; and districts from six of their old towns, on the north side of the Merrimack; and if, as was then supposed, the due west line were to extend, to twenty miles east of Hudson's river, the reputed boundary of New-York; a vast tract of fertile country, on the western side of Connecticut river, was annexed to New-Hampshire; by which an ample scope was given, first for landed speculation, and afterward for cultivation, and wealth.

When this determination was known, the politicians of Massachusetts were cha­grined and enraged.Belcher's letters. They talked loudly of injustice; and some of the more zealous proposed trying the merits of the cause, upon the words of the charter, before the Judges in Westminster Hall; who, it was expected, would upon their oath and ho­nor reverse the judgment, and tell the King that he had mistaken the meaning of the royal charter. This would indeed have been a bold stroke. But a more moderate and pusillanimous scheme was adopted; which was to send over a new agent, to petition the King, that he would re-annex to their government, the twenty [Page 172] eight new townships, which had been cut off, and the districts of the six old towns. It was also thought prudent,Thomlin­son's ob­servations on Mas­sachusetts petition. MS. that the whole Province should not openly appear, in the affair; but that petitions should be drawn, by the inhabitants of these towns, and that the agent should be chosen by them. Accordingly town meetings were held; petitions were prepared and subscrib­ed; and THOMAS HUTCHINSON was ap­pointed their agent, and sent over to Eng­land; where he formed those connexion [...], which afterward served to raise him, to the chair of government in his native Province.

About the same time, Governor Belcher procured a petition,Thomlin­son's MS letters. from his six friends, of the Council of New-Hampshire, to the King; praying that the whole Province might be annexed to the government of Massachusetts. This matter had been long in contemplation, with these gentle­men; but was now produced at the most unfortunate time, which could have been chosen. Their petition was at once re­jected. But that from the towns was kept in suspense a long time; till Thom­linson was prepared, to answer all the pleas, which Hutchinson could advance, and proved too hard an antagonist for him. [Page 173] It was finally dismissed,^* because it was thought, ‘that it never could be for his Majesty's service,Bow brief. to annex any part of his Province of New-Hampshire, as an in­crease of territory, to Massachusetts; but rather, that it would be for the benefit of his subjects there, to be under a distinct government.’

Though Belcher's removal was seriously feared, by his best friends; yet he had so much interest with some of the Lords in high office, that they could not be prevail­ed with to give him up. The war, which had commenced between Britain and Spain, afforded him an opportunity, to signalize his zeal for the King's service; and he determined to prove himself, a faithful servant to the Crown, in every instance; in hope that a course of time and fidelity might efface the impressions, which had been made, to his disadvantage.

It being resolved by the British Court, to undertake an expedition to the Island of Cuba; Governor Belcher, agreeably to the orders which he had received from the Duke of Newcastle, issued a proclamation,April 29. for the encouragement of men who would enlist in the service; ‘that they should be supplied with arms and clothing; be in [Page 174] the King's pay; have a share of the booty which should be taken; and be sent home, at the expiration of their time of service; and that his Majesty would order a num­ber of blank commissions, to be filled up by the Governor, and given to the officers, who should command the troops, to be raised in the Provinces.’ He afterwards pressed this matter,August 1. closely, in his speech to the Assembly; and urged them, to make provision, for one hundred men, and a transport, to convey them to Virginia; where all the Colony troops were to ren­dezvous; and thence to proceed, under the command of Col. Gooch, to the place of their destination. The Assembly voted, as much as they judged sufficient for this purpose; and the Governor appointed a Captain, and gave him beating orders; but the commissions and arms not being sent, according to the royal promise, no men could be inlisted in New-Hampshire. The Governor received commissions and arms for four companies to be raised in Massachusetts;Belcher's letters. where he could easily have inlisted ten, had he been furnished accord­ing to the engagement. To this failure, and not to any want of exertion, on his part, in either of his governments, may be ascribed the paucity of troops raised [Page 175] in them; and yet his enemies failed not of blaming him on this account. The Representatives of New-Hampshire took this occasion to frame a vote, disapprov­ing his administration;August. and upon this vote, their agent founded another battery,Thomlin­son's let­ters. to attack his character.

In conformity to the royal determina­tion of the boundaries,1741. orders were given to Belcher, to apply to both his govern­ments, to join in appointing Surveyors, to run out, and mark the lines; and that if either should refuse, the other should pro­ceed ex parte. The Assembly of Massa­chusetts delayed giving an answer in season, which was construed a denial. The As­sembly of New-Hampshire appointed three Surveyors, to execute the service, who were commissioned by the Governor. They were directed to allow ten degrees, for the westerly variation of the needle; and the work was performed in the months of February and March. George Mitchel surveyed and marked the similar curve line, from the ocean, three miles north of Merrimack river, to a station north of Patucket falls, in the township of Dracut. Richard Hazen began at that station and marked the west line, across Connecticut river, to the supposed boundary line of [Page 176] New-York. Walter Bryent began the line, from the head of Salmon-falls river, and marked it about thirty miles;MS returns in the files. but was prevented from proceeding farther, partly by the breaking up of the rivers, which rendered travelling impracticable; and partly by meeting a company of Indians who were hunting, and took his men who for a scouting party. In their return they found on one of the trees, which they had marked, ‘the figure of a man's hand grasping a sword;’ which they inter­preted, as a signal of defiance, from the Indians.Bryent's Journal.

The return of these lines to the Board of Trade was one of the last acts of Mr. Belcher's administration. His enemies in both governments were indefatigable in their endeavors to remove him; and by their incessant applications to the ministry; by taking every advantage of his mistakes; by falsehood and misrepresentation; and finally, by the diabolical arts of forgery and perjury,Douglass I.481. Hutchin­son II, 397. they accomplished their views. He was succeeded in the govern­ment of Massachusetts, by WILLIAM SHIRLEY; and in New-Hampshire, by BENNING WENTWORTH.

At this distance of time, when all these parties are extinct, and every reader may [Page 177] be supposed impartial; it may seem rather strange, that Governor Belcher should meet with such treatment, from the Brit­ish Court, in the reign of so mild and just a Prince, as George the second. That Mr. Belcher was imprudent and unguard­ed, in some instances, cannot be denied. He was indeed zealous to serve his friends, and hearken to their advice; but, by this means, he laid himself open, to the attacks of his enemies; to whom he paid no court, but openly treated them with contempt. His language to them was severe and reproachful, and he never spared to tell the world, what he thought of them.

This provoked them; but they had the art to conceal their resentment, and carry on their designs, in silence, till they were ripe for execution. He had by far too mean an opinion of their abilities, and the interest which they had at Court; and when he knew that they had the ear of the Lords of Trade, he affected to think them, ‘not very mighty Lords, nor able to administer life and death.’ He had a consciousness, of the general integrity of his own intentions; and appears to have been influenced, by motives of honor and justice; but he was not aware of the force [Page 178] of his own prejudices. It may admit of doubt, whether, considering the extreme delicacy of his situation, it were within the compass of human policy, to have conducted so as to give offence to neither of his Provinces, in the management of such a controversy; but it is certain, that his antagonists could not fairly fix but one real stigma, on his character; and that when impartially examined, can amount to no more than an imprudent step, at a critical time, grounded on an undue re­sentment of an affront; for to suppose that his intention was to frustrate the com­mission, is inconsistent with the whole ten­or of his public declarations, and private correspondence. When his enemies met him on fair and open ground, he was al­ways prepared to answer; but it was im­possible to guard against their secret at­tacks. If the cause which they meant to serve was a good one, why did they employ the basest means to effect it?

The cruelty and hardship of his case may appear from the following consider­ations. He had been one of the principal merchants of New-England;Belcher's letter to Dodding­ton. MS. but, on his appointment, to the Chair of Government, quitted every other kind of business; that he might attend with punctuality and [Page 179] dignity to the duties of his station. By the royal instructions, he was restrained from giving his assent, to any grant of money, to himself; unless it should be a permanent salary. What he received from New-Hampshire was fixed, and paid out of the excise; but the Assembly of Massa­chusetts could not be persuaded, to settle any salary upon him. They made him a grant of three thousand pounds, (worth about seven or eight hundred sterling) ge­nerally once in a year, at their session in May. He was then obliged to solicit leave from the King, to accept the grant, and sign the bill; and sometimes could not obtain this leave till the end of the year; once not till five days before the dissolution of the Assembly. In the mean time he was obliged to subsist on his own estate; and had he died within the year, the grant would have been wholly lost, to his family. He was earnest to obtain a general permission to sign these grants; but in that case the clerks of offices, in England, through whose hands the per­mission must have passed, would have lost their fees. He was now in the sixtieth year of his age; he had a family of chil­dren and grand children, whose sole de­pendence was on him; and he thought [Page 180] with reason, that if his course of faithful service, and the unworthy arts of his ene­mies had been duly considered; the cen­sure of his superiors would have been less severe, than ‘to deprive him of his bread and honor.’

Whilst he entertained the worst opinion possible of the characters of his enemies, he had a strong confidence, in the justice of the government, before which he was accused. In one of his letters to his son, he says, ‘I must expect no favor while Bladen is at the Board of Trade; but were the devil there, I should expect jus­tice, under the British Constitution, cor­roborated by the Hanover succession.’ The event proved, that his confidence was not ill founded. For, on being superseded, he repaired to Court; where, though his presence was unwelcome to some, yet he had opportunity to bring the most con­vincing evidence of his integrity, and of the base designs of his enemies. He was so far restored to the royal favor, that he obtain­ed a promise, of the first vacant government in America, which would be worthy of his acceptance. This proved to be the Province of New-Jersey; where he spent the remain­ing years of his life; and where his memo­ry has been treated with deserved respect.

BENNING WENTWORTH, Esq. son of the deceased Lieutenant Gov­enor, was a merchant of good reputation in Portsmouth, and well beloved by the people. He had represented his native town in the Assembly for several years, where he distinguished himself in the op­position to Belcher. He afterward obtain­ed a seat in Council; where, sensible of the popularity of his family, and feeling the pride of elevation, he continued the opposition, and joined in the measures which were pursued for obtaining a dis­tinct Governor, without any apprehension that himself would be the person; till a series of incidents, at first view unfortu­nate, prepared the way for his advance­ment to the chair.

[Page 182]In the course of his mercantile dealings, he had entered into a contract with an agent of the Court of Spain, and supplied him with a large quantity of the best oak timber; to procure which, he borrowed money in London. When he delivered the timber at Cadiz, the agent with whom he had contracted, was out of place, and the new officer declined payment. In re­turning to America the ship foundered and he was saved with the crew in a boat. These misfortunes deranged his affairs and reduced him to a state of bankruptcy. Afterward he went again to Spain, hop­ing by the interest of Sir Benjamin Keene, the British Minister, to obtain his due, but his suit was ineffectual. About that time Thomlinson, despairing of Dunbar's ad­vancement to the government of New-Hampshire, turned his thoughts toward Wentworth;Thomlin­son's let­ters. MS. and having procured him a letter of license from his creditors in Lon­don, invited him thither. Wentworth represented his case to the British Court, complained of the injustice of Spain, and petitioned for redress. Many British mer­chants, who had suffered by the insolence of the Spaniards, were, at the same time, clamorous for reparation.Gentle­man's Ma­gazine, for 1739. The ministry were studious to avoid a war. A negoci­ation [Page 183] was begun, and the Court of Spain promised restitution; but failed in the performance. War was then determined on, and all negociation ended. Disap­pointed in his plea for justice, Wentworth made his suit for favor; and by the aid of Thomlinson, who understood the ways of access to the great, he obtained a promise from the Duke of Newcastle, that when New-Hampshire should be put under a distinct Governor, he should have the commission.MS letters of Thom­linson and Atkinson. The expense of the solicita­tion and fees, amounting to three hundred pounds sterling, was advanced by his friends in England, and repaid by his friends in New-Hampshire.

He was received in Portsmouth, after a long absence,1741. with great marks of popular respect.Dec. 12. Among the compliments which were paid to him on that occasion, one was, that he had been instrumental of ‘rescuing New-Hampshire from contempt and dependence.Journal of A [...]s [...]mbly. Jan. 14.’ In his first speech to the Assembly he reflected on the conduct of his predecessor, not by name, but by implication; for not having taken early measures to raise men for the expedition against the Spanish West-Indies; and in­timated his apprehension, that the good intention of the Province in raising money [Page 184] for that purpose,1742. would be frustrated, since the men who were willing to enter into the service had enlisted in the other Provinces. He also complimented them, on their good faith in regard to the several emissions of paper money; all of which were to be called in within the present year. He did not forget to recommend a fixed salary for himself, not subject to de­preciation; nor the payment of expenses which had arisen on account of the bound­ary lines; he informed them of the King's indulgence, in giving him leave to consent to a farther emission of bills of credit, to enable them to discharge their obligations to the Crown; provided that no injury should be done to the trade of the mother country. He also recommended to their attention the faithful services of their a­gents, one of whom, Rindge, was dead, and the payment of the debt due to his heirs.

The Assembly, in their answer, acknow­ledged the wisdom and justice of the King in determining the long controversy be­tween them and Massachusetts; but as to payment of the expense, they reminded him that one half ought to be paid by Massachusetts, and desired him to use his influence for that purpose. With respect [Page 185] to the failure of raising men for the expe­dition, they set him right by ascribing it to the true cause; there being no commis­sions sent to the Province for that service. Concerning the salary, they said, that as soon as they could know what number of inhabitants would be added to them by the settlement of the lines, and how the money could be raised, they should make as ample provision for his honorable sup­port as their circumstances would admit. They acknowledged the fidelity and in­dustry of their agents, and professed a good will to reward them; but could not then promise adequate compensation.

The Assembly voted a salary of two hundred and fifty pounds,MS acts. proclamation money, to the Governor, funded as usual on the excise; and having obtained the royal license for emitting twenty-five thousand pounds on loan for ten years, they granted the Governor two hundred and fifty pounds more, to be paid annu­ally out of the interest of the loan. When this fund failed, they made annual grants for his 'further and more ample support,' and generally added something for house­rent. They presented their agent Thom­linson one hundred pounds sterling, for his faithful services; but what they did for the heirs of Rindge does not appear.

[Page 186] 1743.After Mr. Wentworth was quietly seat­ed in the chair of government, an oppor­tunity presented to advance his interest still farther. For the sum of two thou­sand pounds sterling, Dunbar was prevail­ed on to resign the surveyorship of the woods, and Thomlinson negociated an ap­pointment in favor of Wentworth, with a salary of eight hundred pounds sterling, out of which he was to maintain four Deputies. But to obtain this office, he was obliged to ‘rest his claim on the Crown of Spain for fifty-six thousand dollars.’

These appointments of Mr. Wentworth gave the opposers of the former admini­stration great cause of triumph; but the spirit of opposition had only changed sides. It was hoped and expected by some, that Mr. Belcher, by going to England, would not only remove the ill impressions, which the malice of his enemies had made; but return to his former station. Others, who had no predilection for Belcher, look­ed with envy on the good fortune of Wentworth, and aimed to undermine him; at the same time courting the friends of the former administration to join in their measures. These things were man­aged with secrecy, and a few hints only [Page 187] are left as evidence of the existence of designs, which were never brought to ma­turity.

It was one of the royal instructions to Governors, that in any cases of difficulty or sudden emergency, they should com­municate with each other. Mr. Went­worth had a high opinion of the abilities of the new Governor of Massachusetts, and there being a strict friendship between them, consulted him on all occasions. Shirley was gratified by this deference, and knew how to make his advantage of it. Thus, though New-Hampshire was under a Governor distinct from that of Massachusetts, a point which had long been contended for; yet the difference was not so great in reality as in appear­ance.MS [...] of W [...]nt­worth and Shirley. This was a circumstance not much known at that time. The advice which Shirley gave him was, in general, salutary and judicious.

The war which had been kindled be­tween Britain and Spain,1744. extended its flame over a great part of Europe; and when France became involved in it, the American Colonies were more nearly in­terested, because of the proximity of the French, and of the Indians, who were in their interest. War is so natural to sav­ages, [Page 188] that they need but little to excite them to it. An Indian war was a necessa­ry appendage of a war with France. The scene of both was opened in Nova-Scotia.

That Province had been alternately claimed and possessed by the English and French for more than a century. Ever since the peace of Utrecht it had been subject to the Crown of Britain, and the French inhabitants who were under a kind of patriarchal government of their priests, and devoted to the French interest, were kept in awe, partly by the fear of having their dikes destroyed, which they had erected to prevent the sea from over­flowing their fields;MS of [...] Morris. and partly by a British garrison at Annapolis where a Governor and Council resided. The Indian tribes maintained their native independence, though they were attached to the French by religious, as well as interested obliga­tions. Canseau, an island on the northeast­ern part of Nova-Scotia, was in possession of the English. It was resorted to by the fishermen of New-England. It was de­sended by a block-house and garrisoned by a detachment of troops from Annapo­lis. The island of Cape-Breton was pos­sessed by the French, and lay between the English of Canseau and those of New­foundland. [Page 189] This was too near a neigh­bourhood for enemies, especially when both were pursuing one object, the fishery.

The French at Cape-Berton having re­ceived early intelligence of the declaration of war;March 15. immediately resolved on the de­struction of the English fishery at Can­seau. Duquesnel, the Governor,May 13. sent Duvivier with a few small armed vessels, and about nine hundred men, who seized and took possession of the island, burned the houses, and made prisoners of the gar­rison and inhabitants. This was done, be­fore the news of war had arrived in New-England. It was followed by an attempt upon Placentia, in Newfoundland, which miscarried. An attack was also made up­on Annapolis, the garrison of which was reinforced by several companies of mili­tia and rangers from Massachusetts, and the enemy were obliged to retire. The Indians of Nova-Scotia assisted the French in this attack; which, with some other insolencies committed by them, occasion­ed a declaration of war, by the govern­ment of Massachusetts, against them,Oct 1 [...]. Dougl [...] I. 318. with a premium for scalps and prisoners.

These proceedings of the French were rash and precipitate. They were not pre­pared for extensive operations; nor had [Page 190] they any orders from their Court to under­take them. What they had done, served to irritate and alarm the neighbouring Eng­lish Colonies, and shew them their dan­ger in the most conspicuous manner. Their sea coast, navigation and fishery lay exposed to continual insults. Their fron­tier settlements on the western side were but eighty miles distant from the French fort on Lake Champlain. The Indians who lay between them, had not yet taken up the hatchet; but it was expected that encou­ragement would be given them by the Governor of Canada, to insult the fron­tiers. Several new settlements were whol­ly broken up; and many of the women and children of other frontier places retir­ed to the old towns for security.

In the autumn, Duquesnel the French Governor of Cape-Breton, died, and was succeeded in the command by Ducham­bon,Prince and Douglass. who had not so good a military cha­racter. Duvivier went to France to solic­it a force to carry on the war in Nova-Scotia in the ensuing spring. The store­ships, expected from France at Cape-Bre­ton, came on the coast so late in the fall; and the winter there set in so early and fierce, as to keep them out of port, and drive them off to the West-Indies. The [Page 191] captive garrison of Canseau, with other prisoners, who had been taken at sea, and carried into Louisburg, were sent to Bos­ton. From them, as well as from other informants, Governor Shirley obtained such intelligence of the state of that island and fortress, as induced him to form the project of attacking it. But before we open this romantic and hazardous scene, it is necessary to give some account of the place which was to be the theatre of op­erations.

The Island of Cape-Breton, so denomi­nated from one of its capes,Charlevoix lies between the forty-fifth and forty-seventh degrees of north latitude; at the distance of fif­teen leagues from Cape Ray, the south-western extremity of Newfoundland. It is separated from the main land of Nova-Scotia by a narrow strait, six leagues in length, the navigation of which is safe for a ship of forty guns. The greatest length of the island, from north-east to south-west is about fifty leagues and its greatest breadth thirty-three. It is about eighty-eight leagues in circuit as seamen estimate distances.MS of S [...]r William Peppere [...] ▪ Its general form is triangular, but it is indented by many deep bays.

[Page 192]The soil of this island is by no mean [...] inviting. It is either rocky and moun­tainous, or else cold and boggy; and much less capable of improvement than Nova-Scotia. Its only valuable produc­tions are of the fossil kind, pit-coal and plaster. Its atmosphere in the spring and summer is an almost continual fog, which prevents the rays of the sun from perfect­ing vegetation. Its winter is severe and of long continuance; and as the island forms an eddy to the current which sets through the gulf of St. Lawrence, its har­bours are filled with large quantities of floating ice,State of Trade by [...], p. 1 [...] 33. with which its shores are in­vironed till late in the spring.

Much has been said by French and English writers on the great importance and advantage of this island, and some political and temporary purposes were doubtless to be answered by such publica­tions; but in fact the only real import­ance of Cape-Breton was derived from its central situation, and the convenience of its ports. On the north and west sides it is steep and inaccessible; but the south-eastern side is full of fine bays and har­bours, capable of receiving and securing ships of any burden; and, being situated between Canada, France and the West-Indies, [Page 193] it was extremely favorable to the French commerce. It was not so good a station for the fishery as several parts of Nova-Scotia and Newfoundland. The greater part of the French fishery was prosecuted elsewhere;Hutchin­son. and they could buy fish at Canseau, cheaper than they could cure it at Cape-Breton.

Whilst the French held possession of the coasts of Nova-Scotia and Newfound­land, this island was neglected; but after they had ceded these places to the Crown of England, and the Crown of England had ceded this island to them by the trea­ty of Utrecht (1713) they began to see its value.Charlevoix Douglass, R [...]lt, Prince. Instead of giving so much atten­tion to the fur trade of Canada, as they had before done, they contemplated build­ing a fortified town on this island, as a security to their navigation and fishery. For this purpose they chose a fine harbour on the south-east side of the island, for­merly called English harbour; where they erected their fortifications, and called the place Louisbourg.

The harbour of Louisbourg lies in lati­tude 45° 55′; its entrance is about four hundred yards wide. The anchorage is uniformly safe, and ships may run ashore on a soft muddy bottom. The depth of [Page 194] water at the entrance is from nine to twelve fathoms. The harbour lies open to the south-east. Upon a neck of land on the south side of the harbour was built the town, two miles and a quarter in cir­cumference; fortified in every accessible part with a rampart of stone, from thirty to thirty-six feet high, and a ditch eighty feet wide.Abbe Ray­nal. A space of about two hundred yards was left without a rampart, on the side next to the sea; it was enclosed by a simple dike and a line of pickets. The sea was so shallow in this place that it made only a narrow channel, inaccessible from its numerous reefs to any shipping whatever. The side fire from the bastions secured this spot from an attack. There were six bastions and three batteries, con­taining embrasures for one hundred and forty-eight cannon, of which sixty-five only were mounted, and sixteen mortars. On an island at the entrance of the har­bour was planted a battery of thirty can­non, carrying twenty-eight pounds shot; and at the bottom of the harbour, directly opposite to the entrance, was the grand or royal battery of twenty-eight cannon, forty-two pounders, and two eighteen pounders. On a high cliff, opposite to the island battery, stood a light-house; [Page 195] and within this point, at the north-east part of the harbour, was a careening wharf secure from all winds, and a magazine of naval stores.

The town was regularly laid out in squares. The streets were broad; the houses mostly of wood, but some of stone. On the west side, near the rampart, was a spacious citadel, and a large parade; on one side of which were the Gover­nor's apartments. Under the rampart were casemates to receive the women and children during a siege. The entrance of the town on the land side was at the west gate, over a draw bridge, near to which was a circular battery, mounting sixteen guns of twenty-four pounds shot.

These works had been twenty-five years in building; and though not finished, had cost the Crown not less than thirty mil­lions of livres. The place was so strong as to be called 'the Dunkirk of America.' It was, in peace, a safe retreat for the ships of France bound homeward from the East and West-Indies; and in war, a source of distress to the northern English Colonies; its situation being extremely favorable for privateers to ruin their fishery and inter­rupt their coasting and foreign trade; for which reasons, the reduction of it was an [Page 196] object as desirable to them, as that of Carthage was to the Romans.

In the autumn, Shirley wrote to the British ministry,Nov. 10. Shirley's letters to Went­worth. MS. representing the danger of an attack on Nova-Scotia, from the French, in the ensuing spring; and pray­ing for some naval assistance. These let­ters he sent by Capt. Ryal, an officer of the garrison, which had been taken at Canseau, who, ‘from his particular know­ledge of Louisbourg, and of the great consequence of the acquisition of Cape-Breton, and the preservation of Nova-Scotia, he hoped would be of considerable service to the northern Colonies, with the Lords of the admiralty.’ Thus early did Shirley conceive and communicate to Wentworth his great design; and the most prudent step which he took in this whole affair was to solicit help from England. His petition, supported by that worthy officer,MS copy of D. New­castle's let­ter, Jan. 3. was so favorably received by the ministry, that as early as the beginning of January, orders were dispatched to Com­modore Warren, then in the West-Indies, to proceed to the northward in the spring, and employ such a force as might be suf­ficient to protect the northern Colonies in their trade and fishery, and distress the enemy; and for this purpose to consult [Page 197] with Governor Shirley. Orders of the same date were written to Shirley, inclosed to Warren, directing him to as­sist the King's ships with transports, men and provisions. These orders, though ex­tremely favorable to the design, were to­tally unknown in New-England, till the middle of April following, before which time the expedition was completely form­ed.

It has been said, that a plan of this fam­ous enterprise,Douglass, Bollan, Hutchin­son. was first suggested by Wil­liam Vaughan, a son of Lieutenant Gov­ernor Vaughan of New-Hampshire. Seve­ral other persons have claimed the like merit. How far each one's information or advice, contributed toward forming the design, cannot now be determined. Vaughan was largely concerned in the fishery on the eastern coast of Massachusetts. He was a man of good understanding, but of a daring, enterprising and tenacious mind, and one who thought of no obstacles to the accomplishment of his views. An in­stance of his temerity is still remembered. He had equipped, at Portsmouth, a num­ber of boats to carry on his fishery at Montinicus. On the day appointed for failing, in the month of March, though the wind was so boisterous that experien­ced [Page 198] mariners deemed it impossible for such vessels to carry sail, he went on board one, and ordered the others to follow. One was lost at the mouth of the river, the rest arrived with much difficulty, but in a short time, at the place of their destina­tion. Vaughan had not been at Louis­burg; but had learned from fishermen and others, something of the strength and situation of the place; and nothing being in his view impracticable, which he had a mind to accomplish, he conceived a de­sign to take the city by surprise; and even proposed going over the walls in the win­ter on the drifts of snow. This idea of a surprisal forcibly struck the mind of Shir­ley, and prevailed with him to hasten his preparations, before he could have any answer or orders from England.

In the beginning of January he request­ed of the members of the General Court,1745. that they would lay themselves under an oath of secresy, to receive a proposal from him, of very great importance. This was the first request of the kind which had ever been made to a legislative body in the Colonies. They readily took the oath, and he communicated to them the plan which he had formed of attacking Louis­bourg. The secret was kept for some days; [Page 199] till an honest member, who performed the family devotion at his lodgings, inad­vertently discovered it by praying for a blessing on the attempt. At the first de­liberation, the proposal was rejected; but by the address of the Governor and the invincible perseverance of Vaughan, a pe­tition from the merchants concerned in the fishery, was brought into Court, which revived the affair; and it was fi­nally carried in the affirmative by a major­ity of one voice,Jan. 26. in the absence of several members who were known to be against it. Circular letters were immediately dis­patched to all the Colonies, as far as Pennsylvania, requesting their assistance, and an embargo on their ports.

With one of these letters,Feb. 1. Vaughan rode express to Portsmouth, where the Assem­bly was sitting. Governor Wentworth immediately laid the matter before them, and proposed a conference of the two Houses to be held on the next day. The House of Representatives having caught the enthusiasm of Vaughan, were impa­tient of delay, and desired that it might be held immediately. It was accordingly held, and the Committee reported in fa­vor of the expedition;Feb 2. Printed Journal of this session. estimated the ex­pense at four thousand pounds, and desir­ed [Page 200] the Governor to issue a proclamation for inlisting two hundred and fifty men, at twenty-five shillings per month, one month's pay to be advanced; they also recommended that military stores and transports should be provided, and that such preparations should be made as that the whole might be ready by the begin­ning of March. All this was instantly agreed to, on condition that proper meth­ods could be found to pay the charges. This could be done in no other way than by a new emission of bills of credit, con­trary to the letter of royal instructions. But, by the help of Shirley, a way was found to surmount this difficulty; for on the same day, he wrote to Wentworth, informing him that he had, in answer to repeated solicitations,Private MS letters of Shirley. obtained a relaxa­tion of his instructions relative to bills of credit, so far, as to have leave to consent to such emissions as the exigencies of war might require; and advising him, that considering the occasion, it was probable, his consenting to an emission would rather be approved than censured by his superi­ors.Feb. 3. The next day, he wrote again, as­suring him that he might safely do it, pro­vided that the sum to be emitted, were solely appropriated to the service of the [Page 201] expedition. He also sent him a copy of the instruction, enjoining him to let no person know that he had sent it. Shirley himself had consented to an emission of fifty thousand pounds, to be drawn in by a tax in the years 1747 and 1748.

The House of Representatives passed a vote for an emission of ten thousand pounds toward defraying the charge of the expedition and farther carrying on the war, and the support of government;Feb. 5. to be drawn in by taxes in ten annual pay­ments, to begin in 1755. The Council objected and said, that the grant should be wholly appropriated to the expedition and the payments should begin in 1751. The House adhered to their vote. The Gov­enor interposed, and an altercation took place, which continued several days. The Governor adjourned the Assembly till he could again ask Shirley's advice and re­ceive his answer. At length the House altered their vote, and appointed the year 1751 for drawing in the money; augment­ing the sum to thirteen thousand pounds, and at the Governor's express desire, they publicly assured him that they ‘could not find out any other way to carry on the expedition, or in any degree shorten the period for bringing in the money.’ This [Page 202] was done to serve as an apology for the Governor's consenting to the bill, not­withstanding he had no liberty to recede from his instructions; and thus, the mat­ter being compromised,Feb. 13. he gave his con­sent.

During this tedious interval, a report was spread, that the House had refused to raise men and money for the expedition; and the author of the report was sought out and called to account by the House for his misbehaviour. The next day they altered their terms of inlistment, conform­ably to those offered in Massachusetts, and by the 17th of February,Feb. 17. two hun­dred and fifty men were inlisted for the service.

The person appointed to command the expedition was WILLIAM PEPPERRELL, Esq. of Kittery, Colonel of a regiment of militia; a merchant of unblemished re­putation and engaging manners, exten­sively known both in Massachusetts and New-Hampshire, and very popular. These qualities were absolutely necessary in the Commander of an army of volunteers, his own countrymen, who were to quit their domestic connexions and employments, and engage in a hazardous enterprise, which none of them, from the highest to [Page 203] the lowest, knew how to conduct. Pro­fessional skill and experience were entirely out of the question; had these qualities been necessary, the expedition must have been laid aside; for there was no person in New-England, in these respects quali­fied for the command. Fidelity, resolu­tion and popularity must supply the place of military talents; and Pepperrell was possessed of these. It was necessary that the men should know and love their Gene­ral, or they would not inlist under him.^*

After this appointment was made,Shirley's private let­ters. MS. and while it was uncertain whether the Assem­bly of New-Hampshire would agree with the Governor in raising money for the expedition, Shirley proposed to Went­worth, the raising of men in New-Hamp­shire, to be in the pay of Massachusetts, and in the letter which he wrote on that occasion paid him the following compli­ment. ‘It would have been an infinite sat­isfaction to me, and done great honor to [Page 204] the expedition, if your limbs would have permitted you to take the chief command.’ Wentworth was charmed with the idea, and forgetting his gout, made an offer of his personal service; but not till after the Assembly had agreed to his terms and the money bill was passed. Shirley was then obliged to answer him thus. ‘Upon com­municating your offer to two or three gentlemen, in whose prudence and judg­ment I most confide, I found them clear­ly of opinion, that any alteration of the present command would be attended with great risque, both with respect to the Assembly and the soldiers being en­tirely disgusted.’

Before Pepperrell accepted the com­mand, he asked the opinion of the famous George Whitefield, who was then itinerat­ing and preaching in New-England. Whitefield told him, that he did not think the scheme very promising;White­field's let­ters, No. 572. that the eyes of all would be on him; that if it should not succeed, the widows and or­phans of the slain would reproach him; and if it should succeed, many would re­gard him with envy, and endeavor to eclipse his glory; that he ought therefore to go with 'a single eye,' and then he [Page 205] would find his strength proportioned to his necessity. Henry Sherburne, the Com­missary of New-Hampshire, another of Whitefield's friends, pressed him to favor the expedition and give a motto for the flag; to which, after some hesitation, he consented. The motto was, ‘Nil despe­randum Christo duce.’ This gave the ex­pedition the air of a crusade, and many of his followers inlisted. One of them, a Chaplain, carried on his shoulder a hatch­et, with which he intended to destroy the images in the French churches.

There are certain latent sparks in hu­man nature, which, by a collision of caus­es, are sometimes brought to light; and when once excited, their operations are not easily controled. In undertaking any thing hazardous, there is a necessity for extraordinary vigor of mind, and a degree of confidence and fortitude, which shall raise us above the dread of danger, and dispose us to run a risque which the cold maxims of prudence would forbid. The people of New-England have at various times shewn such an enthusiastic ardor, which has been excited by the example of their ancestors and their own exposed situ­ation. It was never more apparent, and perhaps never more necessary, than on oc­casion [Page 206] of this expedition. Nor ought it to be forgotten, that several circumstances, which did not depend on human foresight, greatly favored this undertaking.

The winters in this country are often se­vere; but the winter in which this expedition was planned, and particularly the month of February, was very mild. The har­bours and rivers were open, and the weath­er was in general so pleasant, that every kind of labor could be done abroad. The fruitfulness of the preceding season had made provisions plenty. The Indians had not yet molested the frontiers; and though some of them had heard that an expedition against Cape Breton was in hand, and carried the news of it to Cana­da, such an attempt was so improbable, that the French gave no credit to the re­port, and those in Nova-Scotia did not re­ceive the least intelligence of the prepara­tions. Douglass observes, that ‘some guardian angel preserved the troops from taking the small pox,’ which ap­peared in Boston about the time of their embarkation, and was actually imported in one of the ships which was taken into the service. A concurrence of happy in­cidents brought together every British ship of war from the ports of the Amer­ican [Page 207] continent and islands, till they made a formidable naval force, consisting of four ships of the line and six frigates, un­der the command of an active, judicious and experienced officer. On the other hand, the garrison of Louisbourg was discontent­ed and mutinous; they were in want of provisions and stores; they had no know­ledge of the design formed against them; their shores were so environed with ice, that no supplies could arrive early from France, and those which came afterward, were intercepted and taken by our cruis­ers. In short, ‘if any one circumstance had taken a wrong turn on our side, and if any one circumstance had not taken a wrong turn on the French side,Douglass 1, 336. the ex­pedition must have miscarried.’

In the undertaking and prosecuting of an enterprise so novel to the people of New-England, it is amusing to see how many projects were invented; what a variety of advice was given from all quarters, and what romantic expectations were formed by advisers and adventurers. Dur­ing the inlistment, one of the officers was heard to say with great sobriety, that he intended to carry with him three shirts, one of which should be ruffled, because he expected that the General would give [Page 208] him the command of the city, when it should be taken. An ingenious and be­nevolent clergyman, presented to the Gene­ral a plan for the incampment of the ar­my, the opening of trenches and the plac­ing of batteries before the city.Private MS letters. To pre­vent danger to the troops from subterra­neous mines, he proposed, that two con­fidential persons, attended by a guard, should, during the night, approach the walls; that one should with a beetle strike the ground, while the other should lay his ear to it, and observe whether the sound was hollow, and that a mark should be set on all places suspected. Another gen­tleman, of equal ingenuity, sent the Gen­eral a model of a flying bridge, to be used in scaling the walls of Louisbourg. It was so light, that twenty men could carry it on their shoulders to the wall, and raise it in one minute. The apparatus for raising it consisted of four blocks, and two hundred fathoms of rope. It was to be floored with boards, wide enough for eight men to march abreast; and to prevent danger from the enemy's fire, it might be covered with raw hides. This bridge, it was said, might be erected against any part of the wall, even where no breach had [Page 209] been made; and it was supposed that a thousand men might pass over it in four minutes.

But the most extraordinary project of all, was Shirley's scheme for taking the city by surprise, in the first night after the arrival of the troops, and before any Brit­ish naval force could possibly come to their assistance. It is thus delineated in a con­fidential letter which he wrote to Went­worth, when he urged him to send the New-Hampshire troops to Boston, to pro­ceed thence with the fleet of transports. ‘The success of our scheme for surprising Louisbourg will entirely depend on the execution of the first night,March 2. after the ar­rival of our forces. For this purpose it is necessary, that the whole fleet should make Chappeau-rouge point just at the shutting in of the day, when they can­not easily be discovered, and from thence push into the bay, so as to have all the men landed before midnight; (the land­ing of whom, it is computed by Capt. Durell and Mr. Bastide, will take up three hours at least.) After which, the forming of the four several corps, to be employed in attempting to scale the walls of Louisbourg, near the east gate, front­ing the sea, and the west gate, fronting [Page 210] the harbour; to cover the retreat of the two beforementioned parties in case of a repulse; and, to attack the grand bat­tery; (which attack must be made at the same time with the two other at­tacks) will take up two hours more at least. After these four bodies are form­ed, their march to their respective posts from whence they are to make their at­tacks and serve as a cover to the retreat, will take up another two hours; which, supposing the transports to arrive in Chap­peau-rouge bay at nine o'clock in the evening, and not before, as it will be necessary for them to do, in order to land and march under cover of the night, will bring them to four in the morning, being day break, before they begin the attack, which will be full late for them to begin. Your Excellency will from hence perceive how critical an affair, the time of the fleet's arrival in Chappeau­rouge bay is, and how necessary it is to the success of our principal scheme, that the fleet should arrive there, in a body, at that precise hour.’

It is easy to perceive that this plan was contrived by a person totally unskilled in the arts of navigation and of war. The coast of Cape-Breton was dangerous and [Page 211] inhospitable, the season of the year rough and tempestuous, and the air a continual fog; yet, a fleet of an hundred vessels, after sailing nearly two hundred leagues (for by this plan they were not to stop) must make a certain point of land 'at a precise hour,' and enter an unknown bay, in an evening. The troops were to land in the dark, amidst a violent surf, on a rocky shore; to march through a thicket and bog three miles, to the city, and some of them a mile beyond it to the royal bat­tery. Men who had never been in action, were to perform services, which the most experienced veteran would think of with dread; to pull down pickets with grap­ling irons, and scale the walls of a regular fortification, with ladders, which were af­terward found to be too short by ten feet; all in the space of twelve hours from their first making the land, and nine hours from their debarkation. This part of the plan was prudently concealed from the troops.

The forces which New-Hampshire fur­nished for this expedition, were three hun­dred and fifty men, including the crew of an armed sloop which convoyed the transports and served as a cruiser. They were formed into a regiment, consisting [Page 212] of eight companies, and were under the command of Col. Samuel Moore. The sloop was commanded by Capt. John Fernald; her crew consisted of thirty men. The regiment, sloop and transports, were, by Governor Wentworth's written in­structions to the General, put under his command. Besides these, a body of one hundred and fifty men was inlisted in New-Hampshire and aggregated to the regiment in the pay of Massachusetts. Thus New-Hampshire employed five hun­dred men; about one eighth part of the whole land force.^* In these men, there was such an ardor for action,Went­worth's let­ters, MS. and such a dread of delay, that it was impracticable to put them so far out of their course, as to join the fleet at Boston. Shirley therefore al­tered the plan, and appointed a rendez­vous at Canseau; where the forces of New-Hampshire arrived,March 31. two days before the General and his other troops from Boston.

[Page 213]The instructions which Pepperell re­ceived from Shirley, were conformed to the plan which he had communicated to Wentworth, but much more particular and circumstantial. He was ordered to pro­ceed to Canseau, there to build a block-house and battery, and leave two compa­nies in garrison, and to deposit the stores which might not immediately be wanted by the army.Original instruc­tions, in MS. Thence he was to send a detachment to the village of St. Peters, on the island of Cape-Breton and destroy it; to prevent any intelligence which might be carried to Louisbourg; for which pur­pose also, the armed vessels were to cruise before the harbour. The whole fleet was to sail from Canseau, so as to arrive in Chappeau-rouge bay about nine o'clock in the evening. The troops were to land in four divisions, and proceed to the as­sault before morning. If the plan for the surprisal should fail, he had particular di­rections where and how to land, march, encamp, attack and defend; to hold coun­cils and keep records; and to send intel­ligence to Boston by certain vessels retain­ed for the purpose, which vessels were to stop at Castle William, and there receive the Governor's orders. Several other ves­sels were appointed to cruise between Can­seau [Page 214] and the camp, to convey orders, trans­port stores, and catch fish for the army. To close these instructions, after the most minute detail of duty, the General was finally ‘left to act upon unforeseen emer­gencies according to his discretion;’ which, in the opinion of military gentle­men, is accounted the most rational part of the whole. Such was the plan, for the reduction of a regularly constructed fortress, drawn by a lawyer, to be execut­ed by a merchant, at the head of a body of husbandmen and mechanics; animated indeed by ardent patriotism, but destitute of professional skill and experience. Af­ter they had embarked,Prince's thanksgiv­ing sermon, page 25. the hearts of ma­ny began to fail. Some repented that they had voted for the expedition, or pro­moted it; and the most thoughtful were in the greatest perplexity.

The troops were detained at Canseau, three weeks, waiting for the ice which in­vironed the island of Cape-Breton, to be dissolved. They were all this time with­in view of St. Peters,Pepperell's letters to Shirley, MS. but were not discov­ered. Their provisions became short; but they were supplied by prizes taken by the cruisers. Among others, the New-Hampshire sloop took a ship from Marti­nico, and retook one of the transports, [Page 215] which she had taken the day before. At length, to their great joy, Commodore Warrren, in the Superbe, of sixty guns,April 23. with three other ships of forty guns each, arrived at Canseau, and having held a con­sultation with the General, proceeded to cruise before Louisbourg. The General having sent the New-Hampshire sloop, to cover a detachment which destroyed the village of St. Peters, and scattered the in­habitants, sailed with the whole fleet; but instead of making Chappeau-rouge point in the evening,April 29. the wind falling short, they made it at the dawn of the next morning; and their appearance in the bay, gave the first notice to the French, of a design formed against them.

The intended surprisal being thus hap­pily frustrated, the next thing after land­ing the troops was to invest the city. Vaughan, the adventurer from New-Hampshire, had the rank and pay of a Lieutenant Colonel, but refused to have a regular command. He was appointed one of the Council of War, and was rea­dy for any service which the General might think suited to his genius. He conducted the first column through the woods, with­in sight of the city, and saluted it with [Page 216] three cheers. He headed a detachment, consisting chiefly of the New-Hampshire troops, and marched to the north-east part of the harbour, in the night; where they burned the ware-houses,May 1. containing the naval stores, and staved a large quan­tity of wine and brandy. The smoke of this fire being driven by the wind into the grand battery, so terrified the French, that they abandoned it and retired to the city, after having spiked the guns and cut the halliards of the flag-staff. The next morning as Vaughan was returning,May 2. with thirteen men only, he crept up the hill which overlooked the battery, and observ­ed, that the chimnies of the barrack were without smoke, and the staff without a flag. With a bottle of brandy, which he had in his pocket, (though he never drank spiritous liquors) he hired one of his par­ty, a Cape Cod Indian, to crawl in at an embrasure and open the gate. He then wrote to the General,Original MS. these words, ‘May it please your honor, to be informed, that by the grace of God, and the cour­age of thirteen men, I entered the royal battery, about nine o'clock, and am wait­ing for a reinforcement, and a flag.’ Be­fore either could arrive, one of the men climbed up the staff, with a red coat in [Page 217] his teeth, which he fastened by a nail to the top. This piece of triumphant vanity alarmed the city, and immediately an hun­dred men were dispatched in boats to re­take the battery. But Vaughan, with his small party, on the naked beach, and in the face of a smart fire from the city and the boats, kept them from landing, till the reinforcement arrived. In every duty of fatigue or sanguine adventure, he was always ready; and the New-Hampshire troops, animated by the same enthusiastic ardor, partook of all the labors and dan­gers of the siege. They were employed for fourteen nights successively, in draw­ing cannon from the landing place to the camp, through a morass; and their Lieu­tenant Colonel Messervè, being a ship carpenter, constructed sledges, on which the cannon were drawn, when it was found that their wheels were buried in the mire. The men, with straps over their shoulders, and sinking to their knees in mud, per­formed labor beyond the power of oxen; which labor could be done only in the night or in a foggy day; the place being within plain view and [...]andom shot of the enemy's walls. They were much disap­appointed and chagrined, when they found that these meritorious services were not [Page 218] more distinctly acknowledged in the ac­counts which were sent to England, and afterwards published.Went­worth's letters MS.

In the unfortunate attempt on the island battery by four hundred volunteers from different regiments,May 26. the New-Hampshire troops were very active. When it was determined to erect a battery on the light­house cliff; two companies of them (Ma­son's and Fernald's) were employed in that laborious service, under cover of their armed sloop; and when a proposal was made for a general assault by sea and land, Colonel Moore, who had been an experi­enced sea commander, offered to go on board the Vigilant, with his whole regi­ment, and lead the attack, if in case of success he might be confirmed in the com­mand of the ship; but when this was de­nied, most of the men who were fit for duty, readily went on board the Princess Mary, to act as marines on that occasion.

It has been said, that ‘this siege was carried on in a tumultuary,Douglass I, 352. random man­ner, resembling a Cambridge commence­ment.’ The remark is in a great meas­ure true. Though the business of the Council of War was conducted with all the formality of a legislative assembly; though orders were issued by the General, and returns made by the officers at the [Page 219] several posts; yet the want of discipline was too visible in the camp. Those who were on the spot, have frequently in my hearing, laughed at the recital of their own irregularities, and expressed their ad­miration when they reflected on the almost miraculous preservation of the army from destruction. They indeed presented a for­midable front to the enemy; but the rear was a scene of confusion and frolic. While some were on duty at the trenches, others were racing, wrestling, pitching quoits, firing at marks or at birds, or run­ning after shot from the enemy's guns, for which they received a bounty, and the shot were sent back to the city. The ground was so uneven and the people so scattered, that the French could form no estimate of their numbers; nor could they learn it from the prisoners, taken at the island battery, who on their examination, as if by previous agreement, represented the number to be vastly greater than it was. The garrison of Louisbourg had been so mutinous before the siege, that the officers could not trust the men to make a sortie, lest they should desert; had they been united and acted with vigor, the camp might have been surprised and ma­ny of the people destroyed.

[Page 220]Much has been ascribed, and much is justly due to the activity and vigilance of Commodore Warren, and the ships under his command; much is also due to the vig­or and perseverance of the land for­ces, and the success was doubtless ow­ing, under God, to the joint efforts of both. Something of policy, as well as bravery, is generally necessary in such undertakings; and there was one piece of management, which, though not mentioned by any historian, yet greatly contributed to the surrender of the city.

The capture of the Vigilant, a French sixty-four gun ship, commanded by the Marquis de la Maison forte, and richly lad­en with military stores for the relief of the garrison,May 19. was one of the most cap­ital exploits performed by the navy. This ship had been anxiously expected by the French; and it was thought that the news of her capture, if properly communicated to them, might produce a good effect; but how to do it was the question.June. 1. At length,MS letters of Warren and Pep­perell. the Commodore hit on this expe­dient, which he proposed to the General, who approved, and put it into execution. In a skirmish on the island, with a party of French and Indians, some English pris­oners had been taken by them, and used [Page 221] with cruelty. This circumstance was made known to the Marquis, and he was requested to go on board of all the ships in the bay where French prisoners were con­fined, and observe the condition in which they were kept. He did so, and was well satisfied with their fare and accommoda­tions. He was then desired to write to the Governor of the city, and inform him how well the French prisoners were treat­ed, and to request the like favor for the English prisoners. The humane Marquis readily consented,June 7. and the letter was sent the next day by a flag, intrusted to the care of a Capt. Macdonald. He was car­ried before the Governor and his chief of­ficers; and by pretending not to under­stand their language, he had the advantage of listening to their discourse; by which he found, that they had not before heard of the capture of the Vigilant, and that the news of it, under the hand of her late commander, threw them into a visible perturbation. This event, with the erec­tion of a battery on the high cliff at the light house, under the direction of Lieu­tenant Colonel Gridley, by which the island battery was much annoyed, and the preparations which were evidently making for a general assault, determined Ducham­bon [Page 222] to surrender; and accordingly, in a few days he capitulated.

June 15 to 17.Upon entering the fortress and viewing its strength, and the plenty and variety of its means of defence, the stoutest hearts were appalled, and the impracticability of carrying it by assault, was fully demon­strated.

No sooner was the city taken, and the army under shelter,Pepperell's letters, MS than the weather, which, during the siege, excepting eight or nine days after the first landing, had been remarkably dry for that climate, changed for the worse; and, an incessant rain of ten days succeeded. Had this happened before the surrender, the troops who had then begun to be sickly, and had none but very thin tents, must have perish­ed in great numbers. Reinforcements of men, stores and provisions arrived,^* and it was determined in a Council of War to maintain the place and repair the breaches. A total demolition might have been more advantageous to the nation; but in that case, individuals would not have enjoyed the profit of drawing bills on the navy and [Page 223] ordnance establishments. The French flag was kept flying on the ramparts; and several rich prizes were decoyed into the harbour. The army supposed that they had a right to a share of these prizes; but means were found to suppress or evade their claim; nor did any of the Colony cruisers (except one) though they were retained in the service, under the direction of the Commodore, reap any benefit from the captures.

The news of this important victory filled America with joy, and Europe with astonishment. The enterprising spirit of New-England gave a serious alarm to those jealous fears, which had long pre­dicted the independence of the Colonies. Great pains were taken in England to as­cribe all the glory to the navy, and lessen the merit of the army. However, Pepper­ell received the title of a Baronet, as well as Warren. The latter was promoted to be an Admiral; the former had a commis­sion as Colonel in the British establish­ment, and was empowered to raise a regi­ment in America, to be in the pay of the Crown. The same emolument was given to Shirley, and both he and Wentworth acquired so much reputation as to be con­firmed in their places. Vaughan went to [Page 224] England to seek a reward for his services, and there died of the small-pox. Solicita­tions were set on foot for a parliamentary reimbursement,Bollan's MS letters. which, after much diffi­culty and delay, was obtained; and the Colonies who had expended their substance were in credit at the British Treasury.^* The justice and policy of this measure must appear to every one, who considers, that excepting the suppression of a rebel­lion within the bowels of the kingdom, this conquest was the only action which could be called a victory, on the part of the British nation, during the whole French war, and afforded them the means of pur­chasing a peace.

WHILST the expedition to Cape-Bre­ton was in hand, the active mind of Governor Shirley contemplated nothing less than the conquest of all the French dominions in America; and he consulted with Governor Wentworth and Mr. At­kinson on the practicability of such a de­sign. After Louisbourg was taken, he made a visit thither, and held a consulta­tion with Sir Peter Warren and Sir Willi­am Pepperell;Shirley's MS letters. and from that place wrote pressingly to the British ministry on the subject. His solicitation, enforced by the brilliant success at Louisbourg, and the apparent danger in which Nova-Scotia and the new conquest were involved, had such an effect, that in the spring of the following year,1746. a circular letter was sent from the Duke of Newcastle,April 6. Secretary of State, to all the Governors of the Ameri­can Colonies, as far southward as Virgi­nia; requiring them to raise as many men [Page 226] as they could spare, and form them into companies of one hundred; to be ready to unite,Douglass I, 315. and act according to the orders which they should afterwards receive. The plan was, that a squadron of ships of war, and a body of land forces, should be sent from England against Canada; that the troops raised in New-England should join the British fleet and army at Louisbourg, and proceed up the river St. Lawrence; that those of New-York and the other Provinces at the southward, should be collected at Albany, and march against Crown Point and Montreal. The man­agement of this expedition was committed to Sir John St. Clair, in conjunction with Sir Peter Warren and Governor Shirley. St. Clair did not come to America. War­ren and Shirley gave the orders, while Warren was here; and afterward Com­modore Knowles, who succeeded him, was joined with Shirley; but as Knowles was part of the time at Louisbourg, most of the concern devolved on Shirley alone.

Beside the danger of losing Nova-Sco­tia and Cape-Breton, there were other rea­sons for undertaking this expedition. The Indians, instigated by the Governor of Canada,Shirley's sp [...]ech. were ravaging the frontiers, des­troying the fields and cattle,June 28. burning [Page 227] houses and mills, killing and carrying away the inhabitants. Though scouts and garrisons were maintained by the govern­ments; yet to act altogether on the defen­sive, was thought to be not only an inef­fectual, but a disgraceful mode of carry­ing on the war; especially after the success which had attended the arms of the Colo­nists in their attempt against Louisbourg. The continuance of such a mode of de­fence, would neither dispirit the enemy, nor secure the frontiers from their depre­dations.

The design was pleasing, and the Colo­nies readily furnished their quotas of men. In New-Hampshire, the same difficulty occurred as on occasion of the Louisbourg expedition. The Governor had no au­thority to consent to the emission of bills of credit,Shirley's MS letters, May 31. but Shirley removed that obsta­cle, by suggesting to him, that as the ministry did not disapprove what he had done before, so there was no reason to fear it now; and that the importance of the service, and the necessity of the case, would justify his conduct. The demand at first, was for levy money and victualing. The arms and pay of the troops were to be furnished by the Crown; but it was afterward found necessary that the seve­ral [Page 228] governments should provide clothing, transports and stores, and depend on a reimbursement from the British Parlia­ment.

The Assembly was immediately con­vened, and voted an encouragement for in­listing a thousand men,June. or more, if they could be raised; with a bounty of thirty pounds currency, and a blanket, to each man, besides keeping two armed vessels in pay. Col. Atkinson was appointed to the command of the troops.Atkinson's MS letters. Eight hun­dred men were inlisted and ready for em­barkation by the beginning of July. Transports and provisions were prepared, and the men waited, impatiently, all sum­mer for employment. Neither the Gen­eral nor any orders arrived from England; the fleet, which was said to be destined for the expedition, sailed seven times from Spithead, and as often returned. Two regiments, only, were sent from Gibraltar, to Louisbourg, to relieve the New-Eng­land men, who had garrisoned it since the conquest. It is much easier to write the history of an active campaign, than to trace the causes of inaction and disap­pointment; and it is in vain to supply the place of facts by conjecture.^*

[Page 229]In this time of suspense, Sir Peter War­ren, and Sir William Pepperell, having arrived at Boston, from Louisbourg, Shirley had an opportunity of consulting them, and such other gentlemen as he thought proper, on the affair of the Can­ada expedition. The season was so far advanced,Shirley's & Warren's MS letters. that a fleet could hardly be ex­pected from England;August 25. or if it should ar­rive, it would be too late to attempt the navigation of the river St. Lawrence. But, as a sufficient body of the troops might be assembled at Albany, it was judged pru­dent to employ them in an attempt against the French fort at Crown Point. At the same time, Clinton, Governor of New-York, solicited and obtained the friendly assistance of the Six Nations of Indians, on the borders of his Province. It was thought, that if this attempt should be made, the alliance with these Indians would be strengthened and secured; and the frontiers would be relieved from the horrors of desolation and captivity, to which they were continually exposed. In pursuance of this plan, the forces of New-Hampshire were ordered to hold them­selves in readiness, to march to Albany;MS letter of Secreta­ry Willard. but,Sept. 1. it being discovered that the small-pox [Page 230] was there, the rendezvous was appoint­ed at Saratoga and the adjacent villages.

No sooner was this plan resolved on, and preparations made to carry it into ex­ecution, than accounts were received of danger which threatened Annapolis, from a body of French and Indians at Minas,Shirley's & Warren's MS letters, and the probable revolt of the Acadians. It was thought that Nova-Scotia would be lost,Sept. 12. if some powerful succour were not sent thither. Orders were according­ly issued, for the troops of Massachusetts, Rhode-Island and New-Hampshire, to embark for that place, and ‘drive the en­emy out of Nova-Scotia.’ But, within a few days more, the whole country was alarmed,Sept. 20. and thrown into the utmost con­sternation, by reports of the arrival of a large fleet and army from France, at Nova-Scotia, under the command of the Duke D'Anville. It was supposed that their object was to recover Louisbourg; to take Annapolis; to break up the settle­ments on the eastern coast of Massachu­setts; and to distress, if not attempt the conquest of the whole country of New-England. On this occasion, the troops destined for Canada found sufficient em­ployment at home, and the militia was collected to join them; the old forts on [Page 231] the sea coast were repaired, and new ones were erected. A new battery, consisting of sixteen guns, of thirty-two and twenty-four pounds shot, was added to fort Wil­liam and Mary, at the entrance of Pascat­aqua harbour; and another, of nine thir­ty-two pounders, was placed at the point of Little Harbour. These works were sup­posed to be sufficient to prevent a surprisal. Military guards were appointed; and in this state of fear and anxiety, the people were kept for six weeks, when some prisoners,Oct. 25. who had been released by the French, brought the most affecting accounts of the distress and confusion on board the fleet. It was expected, by the people in New-England, that an English fleet would have followed them to America. This expectation was grounded on some letters from England, which Shirley had received and which he forwarded by express to Admiral Towns­end, at Louisbourg. The letters were intercepted by a French cruiser, and carri­ed into Chebucto, where the fleet lay. They were opened in a Council of War, and caused a division among the officers; which, added to the sickly condition of the men, and the damage which the fleet had sustained by storms, and their loss by shipwrecks, dejected their commander to [Page 232] that degree, that he put an end to his life by poison; and the second in command fell on his sword. These melancholy events, disconcerted their first plan. They then resolved to make an attempt on An­napolis; but when they had sailed from Chebucto, they were overtaken by a vio­lent tempest, off Cape Sable; and those ships which escaped destruction, returned singly to France. Never was the hand of divine Providence more visible, than on this occasion. Never was a disappoint­ment more severe, on the side of the ene­my; nor a deliverance more complete, without human help, in favor of this country.

Nova-Scotia was not yet out of danger. The French and Indians, who, during the stay of the fleet at Chebucto, had appear­ed before Annapolis, but on their depar­ture retired, were still in the peninsula; and it was thought necessary to dislodge them. For this purpose Shirley sent a body of the Massachusetts forces, and pressed the Governors of Rhode-Island and New-Hampshire to send part of theirs. Those from Rhode-Island, and one transport from Boston,Nov. 10. were wreck­ed on the passage. The armed vessels of New-Hampshire, with two hundred men, [Page 233] went to Annapolis; but the commander of one of them, instead of landing his men, sailed across the bay of Funda, into St. John's river; where,Dec. 13. Shirley's MS letters, & affidavits of the crew. meeting with a French snow, and mistaking her for one of the Rhode-Island transports, he impru­dently sent his boat with eight men on board, who were made prisoners, and the snow escaped. The sloop, instead of re­turning to Annapolis, came back to Ports­mouth. These misfortunes and disap­pointments had very serious ill consequen­ces. The Massachusetts forces,1747. who were at Nova-Scotia, being inferior in number to the French, and deceived by false intel­ligence, were surprised in the midst of a snow storm, at Minas; and after an ob­stinate resistance,Jan. 31. were obliged to capitu­late. Their commander,Boston Evening Post. Col. Arthur Noble, and about sixty men, were killed, and fifty were wounded. The enemy be­ing provided with snow shoes, made forc­ed marches; and ours being destitute of them were unable to escape.

When the alarm occasioned by the French fleet had subsided, Atkinson's regi­ment marched into the country to cover the lower part of the frontiers, and en­camped near the shore of Winipiseogee lake; where they passed the winter and [Page 234] built a slight fort. They were plentifully supplied with provisions, and had but lit­tle exercise or discipline.Atkinson's MS letters. Courts martial were not instituted, nor offences punished. The officers and men were tired of the service; but were not permitted to enter on any other business, lest orders should arrive from England. Some were employ­ed in scouting; some in hunting or fish­ing, and some deserted.

Shirley was so intent on attacking Crown Point that he even proposed to march thither in the winter,Shirley's MS letters. and had the address to draw the Assembly of Massachusetts into an approbation of this project. He enlarged his plan, by proposing that the New-Hampshire troops should at the same time go, by the way of Connecticut river, to the Indian village of St. Francis, at the distance of two hundred miles, and destroy it; while the troops from Massa­chusetts, Connecticut and New-York, should go by the way of the Lakes to Crown Point. The Governor of New-York would have consented to this wild projection, on account of the Indian allies, who were impatient for war; but it was happily frustrated,MS copy of Connec­ticut Re­solves. by the prudence of the Connecticut Assembly;Jan. 28. who deemed the winter an improper season for so great an [Page 235] undertaking, and deferred their assistance till the ensuing spring. At the same time the small pox prevailed in the settle­ments above Albany, through which the forces must have marched; and that dis­temper was then an object of much greater dread, than the storms of winter, or the face of an enemy.

To finish what relates to the Canada forces, it can only be said, that excepting some who were employed on the frontiers, they were kept in a state of military indo­lence, till the autumn of the ensuing year;October, 1747. when by order from the Duke of New­castle they were disbanded, and paid at the same rate as the King's troops. The Governors drew bills on the British trea­sury; which were negociated among the merchants at seven and eight hundred per cent. and the Parliament granted money,Shirley's MS letters. to reimburse the charges of the equipment and subsistence of these forces.

The state of the frontiers now demands our attention.1745. By the extension of the boundaries of the Province, several settle­ments which had been made by the people of Massachusetts, and under the authority of grants from their General Court, had fallen within New-Hampshire. In one of them stood Fort Dummer, on the west [Page 236] side of Connecticut river, and within the lately extended line of New-Hampshire. This fort had been erected and main­tained, at the expense of Massachusetts; but when it was found to be within New-Hampshire, the Governor was instructed by the Crown to recommend to the As­sembly, the future maintenance of it. In the same Assembly, which had so zealously entered upon the expedition against Cape Breton, this matter was in­troduced; but a considerable majority of the lower House declined making any grant for this purpose,Printed Journal, May 3. and adduced the following reasons, viz. That the fort was fifty miles distant from any towns which had been settled by the government or people of New-Hampshire; that the people had no right to the lands which, by the dividing line, had fallen within New-Hampshire; notwithstanding the plausible arguments which had been used to induce them to bear the expense of the line; namely, that the land would be giv­en to them or else would be sold to pay that expense; that the charge of main­taining that fort, at so great a distance, and to which there was no communication by roads, would exceed what had been the whole expense of government before the [Page 237] line was established; that the great load of debt contracted on that account, and the yearly support of government, with the unavoidable expenses of the war, were as much as the people could bear; that if they should take upon them to main­tain this fort, there was another much better and more convenient fort at a place called Number-four, besides several other settlements, which they should also be obliged to defend; and finally that there was no danger that these forts would want support, since it was the interest of Mas­sachusetts, by whom they were erected, to maintain them as a cover to their frontier.

When these reasons were given, the Governor dissolved the Assembly and call­ed another, to whom he recommended the same measure in the most pressing terms; telling them,June 7. ‘that it was of the last consequence to the present and fu­ture prosperity of the government; that their refusal would lessen them in the es­teem of the King and his ministers, and strip the children yet unborn of their natural right; and deprive their brethren who were then hazarding their lives be­fore the walls of Louisbourg of their just expectations, which were to sit down on that valuable part of the Province.’ But his eloquence had no effect. They [Page 238] thought it unjust to burden their Consti­tuents with an expense which could yield them no profit, and afford them no pro­tection.

When it was determined, that New-Hampshire would make no provision for fort Dummer, the Assembly of Massachu­setts continued its usual support, and also provided for the other posts on Connecti­cut river and its branches, which were within the limits of New-Hampshire. They afterwards petitioned the King, to deduct that charge out of the reimburse­ment, which the Parliament had granted to New-Hampshire, for the Canada expe­dition; but in this they were defeated, by the vigilance and address of Thomlinson, the agent of New-Hampshire.

Most of the frontier towns of New-Hampshire, at that time, were distinguish­ed by no other than by Indian or tempo­rary names. It may be convenient to compare them with their present names. On Connecticut river, and its eastern branches, were

• Number-four, which are now called Charlestown,
• Great Meadow, which are now called Westmoreland,
• Great Fall, which are now called Walpole,
• Fort Dummer, which are now called Hinsdale,
• Upper Ashuelot & which are now called Keene and
• Lower Ashuelot, which are now called Swansey.

[Page 239] On Merrimack river and its branches, were

• Penacook, which are now called Concord,
• Suncook, which are now called Pembroke,
• Contoocook, which are now called Boscawen,
• New Hopkinton, which are now called Hopkinton,
• Souhegan east & which are now called Merrimack &
• Souhegan west, which are now called Amherst.

On Pascataqua river, and its branches, were the townships of Nottingham, Bar­rington and Rochester.

Besides the forts which were maintain­ed at the public expense, there were pri­vate houses enclosed with ramparts, or palisades of timber; to which the peo­ple who remained on the frontiers retired; these private garrisoned houses were dis­stinguished by the names of the owners. The danger to which these distressed peo­ple were constantly exposed, did not per­mit them to cultivate their lands to any advantage. They were frequently alarm­ed when at labor in their fields, and oblig­ed either to repel an attack, or make a retreat. Their crops were often injured, and sometimes destroyed, either by their cattle getting into the fields where the en­emy had broken the fences, or because they were afraid to venture out, to collect and secure the harvest. Their cattle and [Page 240] horses were frequently killed by the ene­my; who cut the flesh from the bones, and took out the tongues, which they pre­served for food, by drying in smoke. Some­times they were afraid even to milk their cows; though they kept them in pastures as near as possible to the forts. When they went abroad, they were always arm­ed; but frequently they were shut up for weeks together in a state of inactivity.

The history of a war on the frontiers can be little else than a recital of the ex­ploits, the sufferings, the escapes and de­liverances of individuals, of single families or small parties.July 5. The first appearance of the enemy on the western frontier was at the Great Meadow,Doolittle's Memoirs, page 2. sixteen miles above fort Dummer. Two Indians took William Phips, as he was hoeing his corn. When they had carried him half a mile, one of them went down a steep hill to fetch something which had been left. In his absence, Phips, with his own hoe, knock­ed down the Indian who was with him; then seizing his gun, shot the other as he ascended the hill. Unfortunately, meet­ing with three others of the same party, they killed him. The Indian whom he knocked down died of his wound. The same week they killed Josiah Fisher of upper Ashuelot.July 10.

[Page 241]No other damage was done for three months; when a party of twelve Indians approached the fort at Great Meadow,Oct. 11. and took Nehemiah How,How's narrative. who was at a little distance from the fort, cutting wood. The fort was alarmed, and one Indian was killed by a shot from the rampart; but no attempt was made to rescue the prisoner. As they were leading him away, by the side of the river, they espied a ca­noe coming down, with two men, at whom they fired, and killed David Rugg; but Robert Baker got to the opposite shore and escaped. Proceeding farther, they met three other men, who, by skulk­ing under the bank, got safe to the fort. One of them was Caleb How, the prison­er's son. When they came opposite to Number-four, they made their captive write his name on a piece of bark, and left it there. Having travelled seven days westward, they came to a lake, where they found five canoes, with corn, pork and tobacco. In these canoes they embarked; and having stuck the scalp of David Rugg on a pole, proceeded to the fort at Crown-Point; where How received humane treatment from the French. He was then carried down to Quebec, where he [Page 242] died in prison. He was a useful man, greatly lamented by his friends and fel­low captives.

The next spring, a party of Indians ap­peared at Number-four,1746. where they took John Spafford,April 19. Isaac Parker and Stephen Farnsworth, [...] memoirs. as they were driving a team. Their cattle were found dead, with their tongues cut out. The men were carried to Canada, and, after some time, return­ed to Boston, in a flag of truce.

Within a few days, a larger party, con­sisting of fifty,April 23. laid a plan to surprise the fort, at Upper Ashuelot. They hid them­selves in a swamp, in the evening; in­tending to wait till the men had gone out to their work, in the morning, and then rush in. Ephraim Dorman, who was abroad very early,Doolittle's memoirs, [...] Sumner's MS letter. discovered them and gave the alarm. He bravely defended himself against two Indians, and stripped one of his blanket and gun, which he carried into the fort. John Bullard, and the wife of Daniel Mc Kenny were killed. Nathan Blake was taken and carried to Canada, where he remained two years. They burned several houses and barns; and from the human bones found among the ashes, it was thought that some of the enemy fell and were concealed in the flames.

[Page 243]About the same time, a party came down to New Hopkinton, where they entered a garrisoned house,April 27. and found the people asleep; the door having been left open by one who had risen early and gone out to hunt. Eight persons were thus taken;How's nar­rative, & Norton's narrative. Samuel Burbank and his two sons, David Woodwell, his wife, two sons,Boston Post Boy. and a daughter. Burbank and the wife of Woodwell, died in captivity. Woodwell and three of the children returned in a flag of truce to Boston.

The enemy were scattered in small par­ties, on all the frontiers.May 2. At Number-four,Doolittle's narrative. some women went out to milk their cows, with Major Josiah Willard, and several soldiers, for their guard: Eight Indians who were concealed in a barn, fir­ed on them, and killed Seth Putnam; as they were scalping him, Willard and two more fired on them, and mortally wound­ed two, whom their companions carried off.

At Contoocook, five white men and a negro were fired at.May 4. Norton's & How's nar­ratives. Elisha Cook and the negro were killed. Thomas Jones was ta­ken, and died in Canada.

At lower Ashuelot, they took Timothy Brown and Robert Moffat,May 6. who were car­ried to Canada and returned. At the [Page 244] same time, a party lay about the fort at Upper Ashuelot. As one of them knock­ed at the gate in the night, the centinel fired through the gate and gave him a mortal wound.Doolittle's narrative.

May 24.The danger thus increasing, a reinforce­ment was sent by the Massachusetts As­sembly, to these distressed towns. Capt. Paine, with a troop, came to Number-four; and about twenty of his men, go­ing to view the place where Putnam was killed, fell into an ambush. The enemy rose and fired, and then endeavored to cut off their retreat. Capt. Phinehas Stevens, with a party, rushed out to their relief: A skirmish ensued; in which five men were killed on each side, and one of ours was taken. The Indians left some of their guns and blankets behind.

In about a month after this, another engagement happened at the same place.June 19. As Captain Stevens and Captain Brown were going into the meadow, to look for their horses, the dogs discovered an am­bush,Doolittle's narrative. which put the men into a posture for action,Boston Even [...]ng P [...]t. and gave them the advantage of the first fire. After a sharp encounter, the enemy were driven into a swamp, drawing away several of their dead. In this action one man only was lost. Seve­ral [Page 245] blankets, hatchets, spears, guns and other things, were left on the ground, which were sold for forty pounds old ten­or. This was reckoned ‘a great booty from such beggarly enemies.’

At Bridgman's fort, near Fort Dummer,June 24. William Robins and James Baker were killed in a meadow. Daniel How and John Beeman were taken. How killed one of the Indians before he was taken.

When the people wanted bread they were obliged to go to the mills,July 3. with a guard, every place being full of danger. A party who went to Hinsdale's mill, with Colonel Willard at their head, in search­ing round the mill, discovered an ambush. The enemy were put to flight with the loss of their packs.

At Number-four, one Phillips was killed;Aug. 3. and as some of the people were bringing him into the fort, they were fir­ed upon; but none were hurt. Having burned some buildings, and killed some cattle, the enemy went and ambushed the road near Winchester, where they killed Joseph Rawson.Aug. 6.

Whilst the upper settlements were thus suffering, the lower towns did not escape. A party of Indians came down to Roches­ter, within twenty miles of Portsmouth.June 27. Haven's MS. letter. [Page 246] Five men were at work in a field, having their arms at hand. The Indians conceal­ed themselves; one of them fired, with a view to induce the men to discharge their pieces, which they did. The enemy then rushed upon them before they could load again. They retreated to a small desert­ed house and fastened the door. The Indians tore off the roof, and with their guns and tomahawks dispatched Joseph Heard, Joseph Richards, John Wentworth and Gershom Downs. They wounded and took John Richards; and then crossing over to another road, came upon some men who were at work in a field, all of whom escaped; but they took Jonathan Door, a boy, as he was sitting on a fence. Richards was kindly used, his wounds were healed, and after eighteen months he was sent to Boston in a flag of truce. Door lived with the Indians and acquired their manners and habits; but, after the conquest of Canada, returned to his native place.

Soon after this, another man was killed at Rochester.Aug. 6. Two men were surprised and taken at Contoocook; and a large party of Indians lay in Ambush at Pena­cook, with an intention to attack the peo­ple, while assembled for public worship; [Page 247] but seeing them go armed to their devo­tions, they waited till the next morning, when they killed five and took two.

In these irritating skirmishes the sum­mer was spent;Aug. 20. till a large body of French and Indians attacked Fort Massachusetts, at Hoosuck.Norton's narrative. This fort was lost for want of ammunition to defend it. After this success, the enemy remained quiet during the rest of the summer.

The prospect of an expedition to Canada had induced many of the soldiers who were posted on the frontiers to inlist into the regiments, because they preferred active service to the dull routine of a garrison. The defence of the western posts was not only hazardous, but ineffectual; and some persons in the north-western part of Mas­sachusetts thought it inexpedient, to be at the charge of defending a territory, which was out of their jurisdiction.Novembe [...]. Their peti­tions prevailed with the Assembly, to with­draw their troops from the western parts of New-Hampshire. The inhabitants were then obliged to quit their estates. They deposited in the earth, such furni­ture and utensils as could be saved by that means; they carried off on horseback such as were portable; and the remainder, with their buildings, was left as a prey to the [Page 248] enemy, who came and destroyed or carried away what they pleased. Four families, who remained in Shattuck's fort (Hinsdale) defended it against a party of Indians,Sum [...]er's & Ol [...]ott's MS [...]etters. who attempted to burn it. Six men only were left in the fort at Number-four, who, in the following winter deserted it; and it was wholly destitute for two months. In this time some gentlemen, who understood the true interest of the country, prevailed on the Assembly of Massachusetts, to re­sume the protection of those deserted plac­es; and to employ a sufficiency of men, not only to garrison them, but to range the woods and watch the motions of the enemy.

In the latter end of March, Captain Phinehas Stevens,1747. who commanded a rang­ing company of thirty men, came to Number-four; and finding the fort entire, determined to keep possession of it. He had not been there many days, when he was attacked by a very large party of French and Indians,April 4. commanded by M. Debelinè. The dogs, by their barking, discovered that the enemy were near; which caused the gate to be kept shut,Stevens's letter, in Boston E­vening Post, April 27. beyond the usual time. One man went out to make discov­ery and was fired on; but returned with a slight wound only. The enemy, find­ing [Page 249] that they were discovered, arose from their concealment and fired at the fort on all sides. The wind being high, they set fire to the fences and log-houses, till the fort was surrounded by flames. Captain Stevens took the most prudent measures for his security; keeping every vessel full of water and digging trenches under the walls in several places; so that a man might creep through, and extinguish any fire, which might catch on the outside of the walls. The fire of the fences did not reach the fort; nor did the flaming arrows which they incessantly shot against it take effect. Having continued this mode of attack for two days, accompanied with hideous shouts and yells; they prepared a wheel carriage, loaded with dry faggots, to be pushed before them, that they might set fire to the fort. Before they proceed­ed to this operation, they demanded a ces­sation of arms till the sun-rising, which was granted. In the morning Debelinè came up with fifty men, and a flag of truce which he stuck in the ground. He de­manded a parley, which was agreed to. A French officer, with a soldier and an Indian, then advanced; and proposed that the garrison should bind up a quantity of provisions with their blankets, and having [Page 250] laid down their arms should be conducted prisoners to Montreal. Another proposal was, that the two commanders should meet, and that an answer should then be given. Stevens met the French com­mander, who, without waiting for an an­swer, began to enforce his proposal, by threatning to storm the fort, and put every man to death, if they should refuse his terms, and kill one of his men. Stevens answered, that he could hearken to no terms till the last extremity; that he was intrusted with the defence of the fort, and was determined to maintain it, till he should be convinced that the Frenchman could perform what he had threatned. He added, that it was poor encouragement to surrender, if they were all to be put to the sword for killing one man, when it was probable they had already killed more. The Frenchman replied, ‘Go and see if your men dare to fight any longer, and give me a quick answer.’ Stevens re­turned and asked his men, whether they would fight or surrender. They unani­mously determined to fight. This was immediately made known to the enemy, who renewed their shouting and firing all that day and night. On the morning of the third day, they requested another ces­sation [Page 251] for two hours. Two Indians came with a flag, and proposed, that if Stevens would sell them provisions they would withdraw. He answered, that to sell them provisions for money was contrary to the law of nations; but that he would pay them five bushels of corn for every cap­tive, for whom they would give a hostage, till the captive could be brought from Canada. After this answer, a few guns were fired, and the enemy were seen no more.

In this furious attack from a starving enemy, no lives were lost in the fort, and two men only were wounded. No men could have behaved with more intrepidity in the midst of such threatning danger. An express was immediately dispatched to Boston, and the news was there received with great joy. Commodore Sir Charles Knowles was so highly pleased with the conduct of Capt. Stevens, that he pre­sented him with a valuable and elegant sword, as a reward of his bravery. From this circumstance, the township, when it was incorporated, took the name of Charlestown.

Small parties of the enemy kept hover­ing, and sometimes discovered themselves. Sergeant Phelps killed one, near the fort, [Page 252] and escaped unhurt, though fired upon and pursued by two others.

Other parties went farther down the country; and at Rochester, they ambushed a company who were at work in a field. The ambush was discovered by three lads,June 7. John and George Place,Haven's MS. letter. and Paul Jen­nens. The Indians fired upon them. John Place returned the fire and wounded an Indian. Jennens presented his gun but did not fire; this prevented the ene­my from rushing upon them, till the men from the field came to their relief and put the Indians to flight.

July 28.At Penacook, a party of the enemy dis­covered themselves by [...]ring at some cattle.Boston E­vening Post. They were pursued by fifty men; and re­treated with such precipitation, as to leave their packs and blankets, with other things behind. One man had his arm broken in this conflict. About the same time, a man was killed there, who had just returned from Cape Breton, after an absence of two years. Another was kill­ed at Suncook; and at Nottingham, Robert Beard, John Folsom and Eliza­beth Simpson,Upham's MS letter. suffered the same fate.

In the autumn, Major Willard and Captain Alexander, wounded and took a Frenchman, near Winchester, who was [Page 253] conducted to Boston and returned to Can­ada. Soon after, the enemy burned Bridgman's fort; (Hinsdale) and killed several persons, and took others from that place, and from Number-four, in the en­suing winter. No pursuit could be made, because the garrison was not provided with snow shoes, though many hundreds had been paid for by the Government.

The next spring, Captain Stevens was again appointed to command at Number-four, with a garrison of an hundred men;1748. Capt. Humphrey Hobbs being second in command. A scouting party of eighteen,Olcott's MS letter. was sent out under Capt. Eleazer Melvin.May 25. They discovered two canoes in lake Champlain, at which they fired.Doolittle's narrative. The fort at Crown Point was alarmed, and a party came out to intercept them. Melvin crossed their track, and came back to West River; where, as his men were diverting themselves by shooting salmon, the Indians suddenly came upon them and killed six. The others came in at differ­ent times to Fort Dummer.

On a Sabbath morning, at Rochester, the wife of Jonathan Hodgdon was taken by the Indians,May 1. as she was going to milk her cows.Haven's MS letter. She called aloud to her hus­band. [Page 254] The Indians would have kept her quiet, but as she persisted in calling, they killed her, apparently contrary to their in­tentions. Her husband heard her cries, and came to her assistance, at the in­stant of her death. His gun missed fire, and he escaped. The alarm, occasion­ed by this action, prevented greater mis­chief.

The next month, they killed three men belonging to Hinsdale's fort,June 16. Nathan French, Joseph Richardson and John Frost. Seven were taken; one of whom, William Bickford, died of his wounds. Capt. Hobbs, and forty men, being on a scout near West River,June 26. were surprised by a party of Indians, with whom they had a smart encounter, of three hours contin­uance. Hobbs left the ground, having had three men killed and four wounded. The same party of the enemy killed two men and took nine, between fort Hins­dale and fort Dummer.July 14.

The cessation of arms between the bel­ligerent powers did not wholly put a stop to the incursions of the enemy;1749. for after it was known here, and after the garrison of Number-four was withdrawn,June 17. except­ing fifteen men,Olcott's MS letter. Obadiah Sortwell was [Page 255] killed, and a son of Capt. Stevens was taken and carried to Canada; but he was released and returned.

During this affecting scene of devasta­tion and captivity; there were no instan­ces of deliberate murder nor torture exer­cised on those who fell into the hands of the Indians; and even the old custom of making them run the gantlet was in most cases omitted. On the the contrary there is an universal testimony from the cap­tives who survived and returned, in favor of the humanity of their captors. When feeble, they assisted them in travelling; and in cases of distress from want of pro­vision, they shared with them an equal proportion. A singular instance of mod­eration deserves remembrance. An Indi­an had surprised a man at Ashuelot; the man asked for quarter, and it was grant­ed: Whilst the Indian was preparing to bind him, he seized the Indian's gun, and shot him in one arm. The Indian, how­ever, secured him; but took no other re­venge than, with a kick, to say ‘You dog, how could you treat me so?’ The gen­tleman from whom this information came, has frequently heard the story both from the captive and the captor.Olcott's MS letter. The latter [Page 256] related it as an instance of English pers [...] ­dy; the former of Indian lenity.

There was a striking difference between the manner in which this war was man­aged, on the part of the English and on the part of the French. The latter kept out small parties continually engaged in killing, scalping and taking prisoners; who were sold in Canada and redeemed by their friends, at a great expense. By this mode of conduct, the French made their enemies pay the whole charge of their predatory excursions, besides reap­ing a handsome profit to themselves. On the other hand, the English attended on­ly to the defence of the frontiers; and that in such a manner, as to leave them for the most part insecure. No parties were sent to harrass the settlements of the French. If the whole country of Can­ada could not be subdued, nothing less could be attempted. Men were continu­ally kept in pay, and in expectation of ser­vice; but spent their time either in gar­risons, or camps, or in guarding provisions when sent to the several forts. Though large rewards were promised for scalps and prisoners, scarcely any were obtained, unless by accident. A confusion of coun­cils, and a multiplicity of directors, caus­ed [Page 257] frequent changes of measures,1747. and de­lays in the execution of them. The forts were ill supplied with ammunition, pro­visions, clothing and snow-shoes. When an alarm happened, it was necessary, either to bake bread, or dress meat, or cast bul­lets, before a pursuit could be made. The French gave commissions to none but those who had distinguished them­selves by some exploit. Among us, per­sons frequently obtained preferment, for themselves or their friends, by making their court to Governors, and promoting favorite measures in town meetings, or General Assemblies.

A community recovering from a war, like an individual recovering from sickness, is sometimes in danger of a relapse. This war was not decisive, and the causes which kindled it were not removed. One of its effects was, that it produced a class of men, who, having been for a time released from laborious occupations, and devoted to the parade of military life, did not readily lis­ten to the calls of industry. To such men peace was burdensome, and the more so, because they had not the advantage of half pay. The interval between this and the succeeding war was not long. The peace took place in 1749, and in 1754 there was a call to resume the sword.

WHILST the people were contend­ing with an enemy abroad, an attempt was making at home, to revive the old claim of Mason, which their fathers had withstood, and which for many years had lain dormant, till recalled to view by the politicians of Massachusetts, as already related. After Thomlinson had engaged with Mason, for the purchase of his title, nothing more was heard of it, till the con­troversy respecting the lines was finished, and Wentworth was established in the seat of government, and in the office of Sur­veyor of the Woods.1744. The agreement which Thomlinson had made, was in be­half of the Representatives of New-Hamp­shire; and the instrument was lodged in the hands of the Governor, who sent it to the House for their perusal and considera­tion.Oct. 30. It lay on their table a long time, without any formal notice.Assembly Records. Quickening [Page 259] messages were sent time after time; but the affairs of the war, and Mason's ab­sence at sea, and in the expedition to Louisbourg, where he had a company, together with a disinclination in the House, which was of a different complexion from that in 1739, prevented any thing from being done.

In the mean time Mason suffered a fine and recovery,1745. by which the entail was docked, in the Courts of New-Hampshire,Feb. 22. and he became entitled to the privilege of selling his interest. He also presented a memorial to the Assembly, in which he told them that he would wait no longer;1746. and unless they would come to some reso­lution, he should take their silence as a refusal. Intimations were given, that if they would not ratify the agreement, a sale would be made to other persons, who stood ready to purchase. At length the House came to a resolution, ‘that they would comply with the agreement, and pay the price;Jan. 29. and that the waste lands should be granted by the General Assembly, to the inhabitants, as they should think proper.’ A committee was appointed to treat with Mason, about fulfilling his agreement, and to draw the proper instru­ments of conveyance; but he had on the [Page 260] same day, by deed of sale, for the sum of fifteen hundred pounds currency, convey­ed his whole interest to twelve persons,Jan. 30. in fifteen shares. When the House sent a message to the Council to inform them of this resolution, the Council objected to that clause of the resolve, ‘that the lands be granted by the General Assembly,’ as contrary to the royal commission and instructions; but if the House would ad­dress the King, for leave to dispose of the lands, they said that they were content.

These transactions raised a great ferment among the people. Angry and menacing words were plentifully thrown out against the purchasers; but they had prudently taken care to file in the Recorder's office a deed of quit claim to all the towns which had been settled and granted within the limits of their purchase.Records of deeds. ^* In this quit [Page 261] claim, they inserted a clause in the follow­ing words, ‘excepting and reserving our respective rights, titles, inheritance and possessions, which we heretofore had, in common or severalty, as inhabitants or proprietors of houses or lands, within any of the towns, precincts, districts or villages aforesaid.’ This precaution had not at first its effect. A committee of both Houses was appointed to consider the matter, and they reported, that ‘for quiet­ing the minds of the people, and to pre­vent future difficulty, it would be best for the Province to purchase the claim, for the use and benefit of the inhabitants;Assembly Record [...]. provided that the purchasers would sell it for the cost and charges.’ This report was accepted, concurred and consented to, by every branch of the legislature. A committee was appointed to consult Coun­cil,Aug. 4 and agree on proper instruments of conveyance. The same day, this commit­tee met with the purchasers, and conferred on the question, whether they would sell on the terms proposed? At the confer­ence, the purchasers appeared to be divided, and agreed so far only, as to withdraw their deed from the Recorder's office. The committee reported that they could make no terms with the purchasers;Aug. 12. Aug. 28. in conse­quence [Page 262] of which the deed was again lodg­ed in the office and recorded.

Much blame was cast on the purchasers, for clandestinely taking a bargain out of the hands of the Assembly. They said in their vindication, ‘that they saw no pros­pect of an effectual purchase by the As­sembly,Sept. 4. MS letter, in Proprie­tary Office. though those of them who were members, voted for it, and did what they could to encourage it; that they would have gladly given Mason as much money, for his private quit-claim to their several rights in the townships already granted and settled; that Mason's claim had for many years hung over the Prov­ince, and that on every turn they had been threatened with a proprietor; that Mason's deed to a committee of Massa­chusetts, in behalf of that Province, for a tract of land adjoining the boundary line, had been entered on the records, and a title under it set up, in opposition to grants made by the Governor and Council; that it was impossible to say where this evil would stop, and there­fore they thought it most prudent to prevent any farther effects of it, by tak­ing up with his offer, especially as they knew that he might have made a more advantageous bargain, with a gentleman [Page 263] of fortune in the neighbouring Province; but that they were still willing, to sell their interest to the Assembly, for the cost and charges; provided that the land be granted by the Governor and Council; and that the agreement be made within one month from the date of their letter.’

Within that month, the alarm caused by the approach of D'Anville's fleet, put a stop to the negociation. After that danger was over, the affair was revived; but the grand difficulty subsisted. The purchasers would not sell, but on condi­tion that the lands should be granted, by the Governor and Council. The Assem­bly thought that they could have no secu­rity that the land would be granted to the people; because the Governor and Council might grant it to themselves, or to their dependents, or to strangers,1747. and the people who had paid for it might be excluded from the benefit which they had purchased.Aug. 20. A proposal was afterward made, that the sale should be to feoffees in trust for the people; and a form of a deed for this purpose was drawn. To this proposal, the purchasers raised several ob­jections; and as the Assembly had not voted any money to make the purchase, they declined signing the deed; and no [Page 264] farther efforts being made by the Assem­bly, the purchase rested in the hands of the proprietors. In 1749 they took a second deed, comprehending all the Ma­sonian grants, from Naumkeag to Pascata­qua;Records of deeds. whereas the former deed was confin­ed to the lately established boundaries of New-Hampshire. This latter deed was not recorded till 1753.

After they had taken their first deed, the Masonians began to grant townships,1748. and continued granting them to petition­ers, often without fees, and always with­out quit-rents. They quieted the propri­etors of the towns, on the western side of the Merrimack, which had been granted by Massachusetts, before the establishment of the line; so that they went on peacea­bly with their settlements. The terms of their grants were, that the grantees should, within a limited time, erect mills and meeting-houses, clear out roads and settle ministers. In every township, they re­served one right for the first settled minis­ter, another for a parsonage, and a third for a school. They also reserved fifteen rights for themselves, and two for their attorneys; all of which were to be free from taxes, till sold or occupied. By vir­tue of these grants, many townships [Page 265] were settled, and the interest of the people became so united with that of the pro­prietors, that the prejudice against them gradually abated; and, at length, even some who had been the most violent op­posers, acquiesced in the safety and poli­cy of their measures, though they could not concede to the validity of their claim.

The heirs of Allen, menaced them by advertisements, and warned the people against accepting their grants. They de­pended on the recognition of Allen's pur­chase, in the Charter of Massachusetts, as an argument in favor of its validity; and supposed, that because the ablest lawyers in the kingdom were consulted, and em­ployed in framing that charter, they must have had evidence of the justice of his pretensions, before such a reservation could have been introduced into it. So strong was the impression, which this ar­gument had made,MS letters of Thom­linson. on the minds of spec­ulators in England, that large sums had been offered, to some of Allen's heirs, in that kingdom; and, Thomlinson himself, the first mover of the purchase from Ma­son, in behalf of New-Hampshire, had his doubts; and would have persuaded the associates to join in buying Allen's title al­so, [Page 266] even at the price of two thousand pounds sterling, to prevent a more expen­sive litigation, the issue of which would be uncertain. But they, being vested with the principal offices of government; be­ing men of large property, which was al­so increased by this purchase; and having satisfied themselves, of the validity of their title, by the opinions of some principal lawyers, both here and in England, con­tented themselves with the purchase which they had made; and by maintaining their possession, extended the cultivation of the country within their limits.

The words of the original grants to Mason, describe an extent of sixty miles, from the sea, on each side of the Province, and a line to cross over from the end of one line of sixty miles, to the end of the other. The Masonian proprietors plead­ed, that this cross line should be a curve, because, no other line would preserve the distance of sixty miles from the sea, in every part of their west­ern boundary. No person had any right to contest this point with them, but the King. It was not for the interest of his Governor and Council to object; because several of them, and of their connections, were of the Masonian propriety; and no [Page 267] objection was made by any other persons, in behalf of the Crown. Surveyors were employed, at several times, to mark this curve line; but on running, first from the southern, and then from the eastern boundary, to the river Pemigewasset, they could not make the lines meet. Contro­versies were thus engendered, between the grantees of Crown lands and those of the Masonians, which subsisted for many years. In some cases, the disputes were compromised, and in others, left open for litigation; till, by the revolution, the gov­ernment fell into other hands.

This was not the only controversy, which, till that period, remained undeter­mined. When the extension of the boun­dary lines gave birth to a demand, for the maintenance of fort Dummer, the Gover­nor had the address,Printed Journal, to call to that Assem­bly,Jan. 1744. into which he introduced this de­mand, six new members; who appeared as representatives for six towns and dis­tricts, some of which had been, by the southern line, cut off from Massachusetts. It was supposed that his design, in calling these members, was to facilitate the adop­tion of fort Dummer. Other towns, which ought to have had the same privilege ex­tended to them, were neglected. When [Page 268] the new members appeared in the House, the Secretary, by the Governor's order, administered to them the usual oaths; af­ter which, they were asked, in the name of the House, by what authority they came thither? They answered, that they were chosen by virtue of a writ, in the King's name, delivered to their respective towns and districts, by the Sheriff. The House remonstrated to the Governor, that these places had no right, by law, nor by custom, to send persons to represent them, and then debarred them from the privi­lege of voting, in the choice of a Speaker; two only dissenting, out of nineteen. Several sharp messages passed, between the Governor and the House, on that occasion; but the pressing exigencies of the war, and the proposed expedition to Cape-Bre­ton, obliged him, for that time, to give way, and suffer his new members to be excluded, till the King's pleasure could be known.

The House vindicated their proceed­ings, by appealing to their records; from which it appeared, that all the additions, which had been made to the House of Representatives, were, in consequence of their own votes, either issuing a precept themselves, or requesting the Governor to [Page 269] do it; from which they argued, that no town, or parish, ought to have any writ, for the choice of a Representative, but by a vote of the House, or by an act of the Assembly. On the other side, it was al­leged, that the right of sending Represent­atives was originally founded on the roy­al commission and instructions, and there­fore, that the privilege might, by the same authority, be lawfully extended to the new towns, as the King, or his Gover­nor, by advice of Council, might think proper. The precedents on both sides were undisputed; but neither party would admit the conclusion drawn by the other. Had this difficulty been foreseen, it might have been prevented when the triennial act was made in 1727. The defects of that law, began now to be severely felt; but could not be remedied.

The dispute having thus subsided, was not revived during the war; but as soon as the peace was made, and be King had gone on a visit to his German dominions,Dougla [...], II, 35. an additional instruction was sent from the Lords Justices, who presided in the King's absence, directing the Governor to dissolve the Assembly then subsisting;June 30. and when another should be called, to issue the King's writ to the Sheriff, commanding [Page 270] him to make out precepts to the towns and districts, whose Representatives had been before excluded; and that when they should be chosen, the Governor should support their rights.

Had this instruction extended to all the other towns in the Province, which had not been before represented, it might have been deemed equitable; but as it respect­ed those only, which had been the subject of controversy, it appeared to be ground­ed on partial information, and intended to strengthen the prerogative of the Crown, without a due regard to the privileges of the people at large.

The party in opposition to the Gover­nor became more acrimonious than ever.1749. Richard Waldron,Jan. 3. the former Secretary, and the confidential friend of Belcher, ap­peared in the new Assembly and was chos­en Speaker. The Governor negatived him; and ordered the House to admit the new members, and choose another Speak­er. They denied his power of negativing their Speaker and of introducing new members. The style of his messages was peremptory and severe; their answers and remonstrances were calm, but resolute, and in some instances satyrical. Neither party would yield; no business was trans­acted; [Page 271] though the Assembly met about once in a month, and was kept alive, by adjournments and prorogations, for three years. Had he dissolved them, before the time for which they were chosen had ex­pired, he knew, that in all probability, the same persons would be re-elected.

The effect of this controversy was inju­rious to the Governor, as well as to the people. The public bills of credit had depreciated since this administration began, in the ratio of thirty to fifty-six; and the value of the Governor's salary had declin­ed in the same proportion. The excise could neither be farmed nor collected; and that part of the Governor's salary, which was funded upon it, failed. The Treasurer's accounts were unsettled. The soldiers, who had guarded the frontiers in the preceding war, were not paid; nor were their muster-rolls adjusted. The public records of deeds were shut up; for the Recorder's time having expired, and the appointment being by law vested in the Assembly, no choice could be made. No authenticated papers could be obtained, though the agent was constantly soliciting for those which related to the controversy about Fort Dummer, at that time before the King and Council.

[Page 272] 1749. 1750. 1751.When the situation of the Province was known in England, an impression to its disadvantage was made on the minds of its best friends; and they even imagined that the Governor's conduct was not blameless.^* The language at Court was totally chang­ed. The people of New-Hampshire who had formerly been in favor, as loyal and obedient subjects, were now said to be in rebellion. Their agent was frequently reproached and mortified on their account,Thomlin­son's MS [...]etters. and was under great apprehension, that they would suffer, not only in their reputa­tion, but in their interest. The agent of Massachusetts was continually soliciting for repayment of the charges of maintaining [Page 273] fort Dummer, and it was in contempla­tion, to take off a large district from the western part of New-Hampshire, and to annex it to Massachusetts, to satisfy them for that expense. Besides this, the paper money of the Colonies was under the con­sideration of Parliament; and the Province of Massachusetts was rising into favor for having abolished that system of iniquity. The same justice was expected of New-Hampshire, since they had the same means in their power by the reimbursement granted to them by Parliament for the Cape-Breton and Canada expeditions. This money, amounting to about thirty thousand pounds sterling, clear of all fees and commissions, had lain long in the treasury; and when it was paid to the a­gent, he would have placed it in the funds, where it might have yielded an in­terest of three per cent; but having no directions from the Assembly, he locked it up in the bank. This was a clear loss to them of nine hundred pounds per an­num. There were some who reflected on the agent, as if he had made an advantage to himself of this money. Had he done it, his own capital was sufficient to have answered any of their demands; but it was also sufficient to put him above the [Page 274] necessity of employing their money, either in trade or speculation.

It had also been suggested, that Thom­linson, at the Governor's request, had so­licited and procured the instruction, which had occasioned this unhappy stagnation of business. When this suggestion came to his knowledge,MS letter of Thomlin­son to H. Sherburne, he exculpated himself from the charge, in a letter which he wrote to a leading member of the Assem­bly;Nov. 13, 1749. and gave a full account of the mat­ter as far as it had come to his knowledge. He said, that the Governor himself had stated the facts in his letters to the minis­try; concerning his calling of the new members, in 1745, and their exclusion from the Assembly, with the reasons given for it; and had desired to know the King's pleasure, and to have directions how to act. That the ministry, without any ex­ception or hesitation, had pronounced his conduct conformable to his duty. That nevertheless, the Board of Trade had sol­emnly considered the matter, and consult­ed Council, and had summoned him, as agent of the Province, to attend their de­liberation. Their result was, that as the Crown had an indisputable right to incor­porate any town in England, and quali­fy it to send members to Parliament, so [Page 275] the same right and power had been legal­ly given to all the Governors in America; by means of which, all the Assemblies in the King's governments had increased in number, as the Colonies had increased in settlements. That any other usage in call­ing Representatives was wrong; although it might have been indulged, when the Province was under the same Governor with Massachusetts. This was all which passed before the additional instruction came out, which was sent through the hands of the Agent. As it was founded on a question concerning the rights and prerogatives of the Crown; he argued the absurdity of supposing, either that it had been solicited, or that any attempt to have it withdrawn could be effectual. His ad­vice was, that they should submit to it; because, that under it, they would enjoy the same rights and privileges with their fellow subjects in England, and in the other Colonies; assuring them, that the then reigning Prince had never discovered the least inclination to infringe the con­stitutional rights of any of his subjects.

This advice, however salutary, had not the intended effect. Instead of submit­ting, the party in opposition to the Gov­ernor, framed a complaint against him, [Page 276] and sent it to London, to be presented to the King. If they could have prevailed, their next measure would have been, to recommend a gentleman of Massachusetts for his successor. This manoeuvre came to the ears of Thomlinson; but he was under no necessity to exert himself on this occasion; for the person to whose care the address was intrusted, considering the absurdity of complaining to the King,MS letters of Thom­linson. against his Governor, for acting agreeably to his instructions, was advised not to present it. This disappointment vexed the opposition to such a degree, that they would have gladly dissolved the govern­ment, and put themselves under the juris­diction of Massachusetts, had it been in their power. But, finding all their efforts ineffectual, either to have the instruction withdrawn, or the Governor removed, they consoled themselves with this thought, that it was ‘better to have two privileges taken from them, than voluntarily to give up one.’

The time for which this Assembly was elected having expired,1752. a new one was call­ed in the same manner.Jan. 2. They came to­gether with a spirit of moderation, and a disposition to transact the long neglected business. The members, from the new [Page 277] towns, quietly took their seats. An unex­ceptionable Speaker was elected. A Re­corder was appointed.Records of Assembly. A committee was chosen to settle the Treasurer's accounts, and a vote was passed for putting the re­imbursement money into the public funds in England.Atkinson's MS letters. The Governor's salary was augmented, and all things went on smoothly. The party which had been op­posed to the Governor, declined, in num­ber and in virulence: Some were removed by death; others were softened and relax­ed. A liberal distribution of commissions, civil and military, was made, and an era of domestic reconciliation commenced.

The controversy respecting Fort Dum­mer, and the fear of losing a district in that neighbourhood, quickened the Gov­ernor to make grants of several townships in that quarter, on both sides of Connec­ticut river; chiefly to those persons who claimed the same lands, under the Massa­chusetts title. The war being over, the old inhabitants returned to their planta­tions, and were strengthened by additions to their number. It was in contempla­tion, to extend the settlements, farther up Connecticut river, to the rich meadows of Cohos. The plan was, to cut a road to that place; to lay out two townships, one [Page 278] on each side of the river, and opposite to each other; to erect stockades, with lodg­ments for two hundred men,Atkinson's MS letters. in each town­ship, enclosing a space of fifteen acres; in the center of which was to be a citadel, containing the public buildings and gran­aries, which were to be large enough to receive all the inhabitants, and their mov­able effects, in case of necessity. As an inducement to people to remove to this new plantation; they were to have Courts of Judicature, and other civil privileges a­mong themselves, and were to be under strict military discipline. A large number of persons engaged in this enterprise; and they were the rather stimulated to un­dertake it, because it was feared, that the French, who had already begun to en­croach on the territory claimed by the British Crown, would take possession of this valuable tract, if it should be left unoccupied.

MS letters of Col. Israel Willi­ams.In pursuance of this plan, a party was sent up in the spring of 1752, to view the meadows of Cohos, and lay out the pro­posed townships. The Indians observed them, and suspected their intentions. The land was theirs, and they knew its value. A party of the Arosaguntacook, or St. Francis Tribe was deputed, to remonstrate [Page 279] against this proceeding. They came to the fort at Number-four, with a flag of truce; pretending that they had not heard of a treaty of peace, which had been made with the several Indian tribes. They complained to Captain Stevens, of the encroachment which was meditating on their land; and said, that they could not allow the English to settle at Cohos, when they owned more land already than they could improve; and, that if this settlement were pursued, they should think the Eng­lish had a mind for war, and would resist them. This threatening being commu­nicated to the Governor of Massachusetts, and by him to the Governor of New-Hampshire, threw such discouragement on the project that it was laid aside.

The Indians did not content themselves with remonstrating and threatning. Two of the same tribe named Sabatis and Chris­ti, came to Canterbury;April. MS depo­sitions. where they were entertained in a friendly manner for more than a month. At their departure, they forced away two negroes; one of whom escaped and returned; and the other was carried to Crown Point and sold to a French officer. A party of ten or twelve of the same tribe, commanded by Captain Moses, met with four young men who [Page 280] were hunting on Baker's river. One of these was John Stark. When he found himself surprised and fallen into their hands,May. Shirley's printed confer­ence, 1754. he called to his brother William Stark, who being in a canoe, gained the opposite shore,Informa­tion▪ [...] W. St [...]rk. and escaped. They fired at the canoe and killed a young man who was in it. John received a severe beating from the Indians for alarming his brother. They carried him and his companion, Eastman, up Connecticut river, through several carrying places, and down the Lake Memphrimagog to the head quarters of their tribe. There they dressed him in their finest robes and adopted him as a son. This early captivity, from which he was redeemed, qualified him to be an expert partisan, in the succeeding war; from which station, he afterward rose to the rank of Major General in the armies of the United States.

The next year Sabatis, with another Indian named Plausawa,1753. came to Canter­bury;June, MS depo­sitions. where, being reproached with the misconduct respecting the negroes, he and his companion behaved in an insolent manner. Several persons treated them very freely with strong liquor. One followed them into the woods, and killed them, and by the help of another, buried them; [Page 281] but so shallow, that their bodies were de­voured by beasts of prey, and their bones lay on the ground. By the treaties of peace, it had been stipulated, on the one part, that if any of the Indians should commit an act of hostility against the English, their young men should join with the English in reducing such Indi­ans to submission; and on the other hand, that if an Englishman should injure any of them, no private revenge should be taken; but application should be made to the government for justice. In the au­tumn of the same year, a conference be­ing held, with the eastern Indians, by the government of Massachusetts, a present was made to the Arosaguntacook tribe,Printed confer­ence, 1753. expressive of an intention to wipe away the blood. They accepted the present, and ratified the peace which had been made in 1749.

The two men who killed Sabatis and Plausawa,1754. were apprehended and brought to Portsmouth.MS letters of Gove [...]nor Wen [...]worth. A bill was found against them by the Grand Jury, and they were confined in irons. In the night, before the day appointed for their trial, an arm­ed mob from the country, with axes and crows, forced the prison, and carried them off in triumph. A proclamation was is­sued, [Page 282] and a reward offered by the Gover­nor for apprehending the rioters; but no discovery was made, and the action was even deemed meritorious. The next sum­mer, another conference was held at Fal­mouth, at which Commissioners from New-Hampshire assisted.Printed conference The Arosagun­tacooks did not attend; but sent a mes­sage, purporting that the blood was not wiped away. The Commissioners from New-Hampshire made a handsome pres­ent, to all the Indians, who appeared at this conference; which ended as usual, in fair promises of peace and friendship.

BY the treaty of Aix la Chappelle, in 1748, it was stipulated, that ‘all things should be restored,Printed treaty. on the foot­ing they were before the war.’ The island of Cape-Breton was accordingly re­stored to France; but the limits of the French and English territories on the continent, were undetermined; and it was the policy of both nations to gain posses­sion of important passes, to which each had some pretensions, and to hold them, till the limits should be settled by Com­missioners mutually chosen. These com­missioners met at Paris; but came to no decision. By the construction of charters and grants from the Crown of England, her colonies extended indefinitely west­ward. The French had settlements in Canada and Louisiana, and they meditat­ed to join these distant Colonies, by a chain of forts and posts, from the St. Lawrence to the Missisippi; and to extend [Page 284] the limits of Canada, as far eastward, as to command navigation in the winter, when the great river St. Lawrence is impassable. These claims of territory, extending on the one part from east to west, and on the other from north to south, necessarily in­terfered. The Colonies of Nova-Scotia, New-York and Virginia, were principally affected by this interference; and the en­croachments made on them by the French, were a subject of complaint, both here and in Europe.

It was foreseen that this controversy could not be decided but by the sword; and the English determined to be early in their preparations.1754. The Earl of Holder­ness,Shirley's letters and speeches. Secretary of State, wrote to the Gov­ernors of the American Colonies, recom­mending union for their mutual protec­tion and defence. A meeting of Com­missioners from the Colonies, at Albany, having been appointed, for the purpose of holding a conference with the Six Nations, on the subject of French encroachments, within their country; it was proposed, by Governor Shirley, to the several Gover­nors, that the delegates should be instruct­ed on the subject of union.

At the place appointed, the Congress was held;June 19. consisting of delegates from [Page 285] Massachusetts, New-Hampshire, Rhode-Island, Connecticut, Pennsylvania and Maryland; with the Lieutenant Gover­nor and Council of New-York.Atkinson's MS Jour­nal. They took their rank in geographical order, be­ginning at the north. One member from each Colony was appointed to draw a plan of union; Hutchinson of Massachusetts, Atkinson of New-Hampshire, Hopkins of Rhode-Island, Pitkin of Connecticut, Smith of New-York, Franklin of Penn­sylvania, and Tasker of Maryland. The substance of the plan was, that application be made, for an act of Parliament, to form a grand Council, consisting of dele­gates from the several legislative Assem­blies, subject to the control of a President-General, to be appointed by the Crown, with a negative voice. That this Coun­cil should enact general laws; apportion the quotas of men and money, to be rais­ed by each Colony; determine the build­ing of forts; regulate the operations of armies; and concert all measures for the common protection and safety. The del­egates of Connecticut alone, entered their dissent to the plan, because of the negative voice of the President-General. It is wor­thy of remark, that this plan, for the union of the Colonies, was agreed to, on [Page 286] the fourth day of July; exactly twenty-two years before the declaration of Amer­ican independence, and that the name of FRANKLIN appears in both.^*

With the plan of union, a representa­tion was made to the King, of the danger in which the Colonies were involved. Cop­ies of both were laid before the several Assemblies. They were fully sensible of their danger from the French; but they apprehended greater danger from the plan of union. Its fate was singular. It was rejected in America, because it was sup­posed to put too much power in­to the hands of the King; and it was rejected in England, because it was supposed to give too much power to the Assemblies of the Colonies. The minis­try made another proposal; that the Gov­ernor,Franklin's Examina­tion. 1766. with one or two members of the Council, of each Colony, should assemble, and consult for the common defence, and draw on the British treasury for the sums expended; which should be raised by a [Page 287] general tax, laid by Parliament, on the Colonies. But this was not a time to push such an alarming innovation; and when it was found impracticable, the ministry determined to employ their own troops, to fight their battles in America, rather than to let the Colonists feel their own strength, and be directed by their own Counsels.

To draw some aid however from the Colonies was necessary. Their militia might serve as guards, or rangers, or la­borers, or do garrison duty, or be em­ployed in other inferior offices; but Brit­ish troops, commanded by British officers, must have the honor of reducing the French dominions in North America.

The savage nations in the French inte­rest were always ready, on the first ap­pearance of a rupture, to take up the hatchet. It was the policy of the French government, to encourage their depreda­tions, on the frontiers of the English Col­onies, to which they had a native antipa­thy. By this means, the French could make their enemies pay the whole expense of a war; for all the supplies, which they afforded to the Indians, were amply com­pensated, by the ransom of captives. In these later wars, therefore, we find the [Page 288] savages more dextrous in taking captives, and more tender of them when taken, than in former wars; which were carried on with circumstances of greater cruelty.

No sooner had the alarm of hostilities, which commenced between the English and French, in the western part of Virgi­nia, spread through the continent; than the Indians renewed their attacks on the frontiers of New-Hampshire. A party of them made an assault,Aug. 15. on a family at Baker's-town, on Pemigewasset river; where they killed a woman, and took sev­eral captives. Within three days they killed a man and woman at Steven's town in the same neighbourhood;Aug. 18. upon which the settlements were broken up,Council minutes. and the people retired to the lower towns for safe­ty, and the government was obliged to post soldiers in the deserted places. After a few days more,Aug. 29. they broke into the house of James Johnson, at Number-four, early in the morning, before any of the family were awake; and took him, with his wife and three children, her sister Miriam Wil­lard, and two men, Peter Laboree and Ebenezer Farnsworth. The surprisal was complete and bloodless,Olcott's MS letter. and they carried them off undisturbed. The next day Johnson's wife was delivered of a daughter, [Page 289] who from the circumstances of its birth was named Captive. The Indians halted one day, on the woman's account, and the next day resumed their march; carrying her on a litter, which they made for the purpose, and afterward put her on horse­back. On their march, they were distress­ed for provision; and killed the horse for food; the infant was nourished, by suck­ing pieces of its flesh. When they arriv­ed at Montreal, Johnson obtained a parole, of two months, to return and solicit the means of redemption. He applied to the Assembly of New-Hampshire, and af­ter some delay obtained one hundred and fifty pounds sterling.Dec. 19. Assembly Records. But the season was so far advanced, and the winter proved so severe, that he did not reach Canada till the spring. He was then charged with breaking his parole; a great part of his money was taken from him by violence; and, he was shut up with his family in prison; where they took the small pox, which they happily survived. After eigh­teen months, the woman, with her sister, and two daughters, were sent in a cartel ship to England; and thence returned to Boston. Johnson was kept in prison three years; and then, with his son, returned and met his wife in Boston; where he had [Page 290] the singular ill fortune, to be suspected of designs unfriendly to his country, and was again imprisoned; but no evidence being produced against him, he was libe­rated. His eldest daughter was retained in a Canadian nunnery.

The fort and settlement at Number-four, being in an exposed situation, requir­ed assistance and support. It had been built by Massachusetts when it was sup­posed to be within its limits. It was pro­jected by Colonel Stoddard, of Northamp­ton, and was well situated, in connection with the other forts, on the western fron­tier,Shirley's MS letters. to command all the paths, by which the Indians travelled from Canada to New-England. It was now evidently in New-Hampshire; and Shirley, by advice of his Council, applied to Wentworth, recom­mending the future maintenance of that post, to the care of his Assembly; but they did not think themselves interested in its preservation, and refused to make any pro­vision for it. The inhabitants made seve­ral applications for the same purpose; but were uniformly disappointed. They then made pressing remonstrances to the Assem­bly of Massachusetts,Massachus· Records. who sent soldiers for the defence of that post, and of Fort Dum­mer, till 1757; when they supposed that [Page 291] the commander in chief of the King's forces would take them under his care, as royal garrisons. It was also recommended to the Assembly of New-Hampshire to build a fort at Cohos; but this proposal met the same fate.

The next spring, three expeditions were undertaken against the French forts.1755. One against Fort Duquesne, on the Ohio, was conducted by General Braddock; who was defeated and slain. Another against Niagara, by Governor Shirley, which mis­carried; and a third against Crown Point, by General Johnson. For this last expe­dition, New-Hampshire raised five hun­dred men, and put them under the com­mand of Col. Joseph Blanchard. The Governor ordered them to Connecticut riv­er, to build a fort at Cohos, supposing it to be in their way to Crown Point. They first marched to Baker's-town, where they began to build batteaux, and consumed time and provisions to no purpose. By Shirley's advice they quitted that futile employment, and made a fatiguing march through the woods, by the way of Num­ber-four, to Albany. Whilst Johnson lay encamped at Lake George, with his other forces, he posted the New-Hampshire regi­ment at Fort Edward. On the eighth of [Page 292] September, he was attacked in his camp, by Baron Dieskau, commanding a body of French regular troops,Sept. 8. Canadians and Savages. On the morning of that day, a scouting party from Fort Edward discover­ed waggons burning in the road; upon which Captain Nathaniel Folsom was or­dered out, with eighty of the New-Hamp­shire regiment, and forty of New-York under Capt. McGennis. When they came to the place, they found the waggoners and the cattle dead; but no enemy was there. Hearing the report of guns▪ to­ward the lake, they hasted thither; and having approached within two miles, found the baggage of the French army, under the care of a guard, whom they attacked and dispersed. When the retreating army of Dieskau appeared, about four of the clock in the afternoon,Folsom's informa­tion. Folsom posted his men among the trees, and kept up a well directed fire, till night; the enemy retired, with great loss, and he made his way to the camp, carrying his own wounded, and several French prisoners, with many of the enemy's packs. This well-timed engage­ment, [...]ohnson's printed let­ter. in which but six men on our side were lost, deprived the French army of their ammunition and baggage; the re­mains of which were brought into [Page 293] camp the next day. After this, the regi­ment of New-Hampshire joined the army. The men were employed in scouting,Atkinson's MS letters. which service they performed in a manner so acceptable, that no other duty was re­quired of them. Parties of them frequent­ly went within view of the French fort at Crown-Point; and at one time they brought off the scalp of a French soldier, whom they killed near the gate.

After the engagement on the 8th of September, when it was found necessary to reinforce the army; a second regiment, of three hundred men, was raised in New-Hampshire, and put under the command of Col. Peter Gilman. These men were as alert, and indefatigable as their brethren, though they had not opportunity to give such convincing evidence of it. The ex­pedition was no farther pursued; and late [...]n autumn the forces were disbanded and returned home.

The exertions made for the reduction of Crown Point, not only failed of their object, but provoked the Indians, to execute their mischievous designs, against the fron­ [...]iers of New-Hampshire; which were wholly uncovered, and exposed to their [...]ull force. Between the rivers Connecticut and St. Francis, there is a safe and easy [Page 294] communication by short carrying-places, with which they were perfectly acquaint­ed. The Indians of that river, therefore, made frequent incursions, and returned unmolested with their prisoners and booty.

At New-Hopkinton, they took a man and a boy; but perceiving the approach of a scouting party,Sum [...]er's MS letter. they fled and left their captives. At Keene, they took Ben­jamin Twitchel, and at Walpole they kill-Daniel Twitchel, and a man named Flynt. At the same place Colonel Bellows, at the head of twenty men,Fessenden's MS letter. met with a party of fifty Indians; and having exchanged some shot, and killed several of the enemy, he broke through them and got into the fort; not one man of his company being killed or wounded. After a few days, these In­dians, being joined by others to the num­ber of one hundred and seventy, assaulted the garrison of John Kilburne, in which were himself, John Pike, two boys and several women; who bravely defended the house and obliged the enemy to retire, with considerable loss. Pike was mortally wounded. Some of these Indians joined Dieskau's army, and were in the battle at Lake George. At Number-four, they killed a large number of cattle, and cut off the flesh. At Hinsdale, they attacked a [Page 295] party, who were at work in the woods; killed John Hardiclay and John Alexan­der, and took Jonathan Colby;Gay's MS letter. the others escaped to the fort. Within a few days afterward, they ambushed Caleb Howe, Hilkiah Grout, and Benjamin Gaffield, as they were returning from their labor in the field. Howe was killed;July 27. Gaffield was drowned in attemping to cross the river; and Grout made his escape. The Indians went directly to Bridgman's fort, where the families of these unfortunate men re­sided. They had heard the report of the guns, and were impatient to learn the cause. By the sound of feet without, it being in the dusk of the evening, they concluded that their friends had returned, and too hastily opened the gate to receive them; when to their inexpressible surprise, they admitted the savages, and the three families, consisting of fourteen persons, were made captives.^*

[Page 296] 1756.After the defeat and death of Braddock, the chief command of the operations a­gainst the enemy fell into the hands of Shirley;Shirley's letters. who called another Congress, at New-York, and planned another expedi­tion against Crown Point; for which pur­pose, he called on the several governments to raise men and provide stores. A regi­ment was raised in New-Hampshire, the command of which was given to Col. Na­thaniel Messervè. They also appointed two Commissaries, Peter Gilman and Thomas Westbrooke Waldron, who re­sided at Albany, to take care of the stores, whilst the regiment, with the other troops, assisted in building forts and batteaux. In the midst of this campaign, Shirley was superseded by the Earl of Loudon;July 23. Loudon's MS letters. but the summer passed away in fruitless labor; whilst the French, by their supe­rior alertness, besieged and took the Eng­lish fort at Oswego; and the regiments of Shirley and Pepperell who garrisoned it, were sent prisoners to France. During this summer, the Indians killed Lieuten­ant Moses Willard,Gay, Sum­ner and Ol­cott's MS letters. and wounded his son at Number-four; and took Josiah Foster, with his wife and two children, from Win­chester. They also wounded Zebulon Stebbins, of Hinsdale, who, with Reuben [Page 297] Wright, discovered an ambush, and pre­vented the captivity of several persons for whom the Indians were lying in wait.

The soldiers of New-Hampshire were so expert, in every service which required agility, and so habituated to fatigue and danger; that,Lord Lou­don's MS letters. by the express desire of Lord Loudon, three ranging companies were formed of them; who continued in service during the winter as well as the summer. The command of these companies was given to Robert Rogers, John Stark, and William Stark. They were eminently use­ful in scouring the woods, procuring in­telligence, and skirmishing with detached parties of the enemy. These companies were kept during the war, in the pay of the Crown; and after the peace, the offi­cers were allowed half pay on the British establishment.

The next year, another Crown Point expedition was projected by Lord Loudon.1757. The Crown was at the expense of stores and provisions, and required of the Colo­nies, to raise, arm, clothe, and pay their quotas of men. Another regiment was raised in New-Hampshire, of which Mes­servè was commander; who went to Hali­fax with part of his regiment, a body of one hundred carpenters, and the three [Page 298] companies of Rangers, to serve under Lord Loudon, whilst the other part of the regi­ment under Lieutenant Col. Goffe, was ordered by General Webb, who command­ed at the westward, in the absence of the Earl of Loudon, to rendezvous at Num­ber-four. Before their arrival, a large party of French and Indians attacked the mills in that place, and took Sampson Colefax, David Farnsworth and Thomas Adams. [...] MS letter. The inhabitants, hearing the guns, advanced to the mills; but finding the enemy in force, prudently retreated. The enemy burned the mills; and in their retreat, took two other men, who were coming in from hunting, viz. Thomas Robins and Asa Spafford. Farnsworth and Robins returned; the others died in Canada.

Goffe with his men marched through Number-four and joined General Webb at Albany; who posted them at fort William Henry, near Lake George, under the com­mand of Col. Munroe, of the thirty-fifth British regiment. The French General Montcalm, at the head of a large body of Canadians and Indians, with a train of artillery,Aug. [...]. invested this fort; and in six days, the garrison, after having expended all their ammunition,Aug. 9. capitulated; on condition, [Page 299] that they should not serve against: the French for eighteen months. They were allowed the honors of war, and were to be escorted by the French troops to Fort Ed­ward, with their private baggage. The Indians, who served in this expedition, on the promise of plunder, were enraged at the terms granted to the garrison; and, as they marched out unarmed, fell upon them, [...] No. 49. stripped them naked, and murdered all who made any resistance. The New-Hampshire regiment happening to be in the rear, felt the chief fury of the enemy. Out of two hundred, eighty were killed and taken.

This melancholy event threw the whole country into the deepest consternation. Webb, who remained at Fort Edward, ex­pecting to be there attacked, sent expresses to all the Provinces for reinforcements. The French, however, did not pursue their ad­vantage, but returned to Canada. A re­inforcement of two hundred and fifty men was raised in New-Hampshire, under the command of Major Thomas Tash; which, by the orders of General Webb,MS letters of Gov [...] ­nor [...]. was sta­tioned at Number-four. This was the first time that the troops of New-Hamp­shire occupied that important post.

[Page 300]Hitherto the war had been, on our part unsuccessful. The great expense, the fre­quent disappointments, the loss of men, of forts, and of stores, were very discou­raging. The enemy's country was filled with prisoners, and scalps, private plunder, and public stores and provisions, which our people, as beasts of burden, had con­veyed to them. These reflections were the dismal entertainment of the winter. The next spring called for fresh exertions; and happily for America, the British ministry had been changed, and the direction of the war, in answer to the united voice of the people of England, was put into the hands of that decisive statesman WILLIAM PITT.

In his circular letter to the American Governors,1758. he assured them; that to repair the losses and disappointments of the last inactive campaign, it was determined to send a formidable force, to operate by sea and land, against the French in America; and he called upon them to raise ‘as large bo­dies of men, [...] MS. within their respective gov­ernments, as the number of inhabitants might allow;’ leaving it to them, to form the regiments and to appoint officers at their discretion. He informed them that arms, ammunition, tents, provisions, and boats [Page 301] would be f [...]nished by the Crown; and he required the Colonies to levy, clothe and pay their men; assuring them that re­commendations would be made to Parli­ament 'to grant them a compensation.'

Notwithstanding their former losses and disappointments,Governor's Procl [...]ma­tion, A­pril 1. the Assembly of New-Hampshire, on receiving this requisition, cheerfully voted eight hundred men for the service of the year. The regiment commanded by Col. John Hart, marched to the westward, and served under General Abercrombie. A body of one hundred and eight carpenters, under the conduct of Col. Messervè, embarked for Louisbourg, to serve at the second siege of that for­tress, under General Amherst. Unhappily the small pox broke out among them, which disabled them from service;Amherst's printed journal. all but sixteen were seized at once, and these at­tended the sick.June 28. Messervè^* and his eldest son died of this fatal disorder. This year was remarkable for the second surrender of Louisbourg; the unfortunate attack on the lines of Ticonderoga, where Lord [Page 302] Howe was killed; the taking of fort Fron­tenac by Col. Bradstr [...]et, and the destruc­tion of fort du Quesne on the Ohio, the contention for which, began the war.

In the course of this year, the Indians continued to infest the frontiers. At Hinsdale, they killed Capt. Moore, and his son, took his family, and burned his house. At Number-four,Gay's and Ol [...]ott's MS letters. they killed Asahel Steb­bins, and took his wife, with Isaac Parker and a soldier. The cattle of this exposed settlement, which fed chiefly in the woods, at a distance from the fort, often served the enemy for provisions.

The next year, a similar requisition be­ing made by Secretary Pitt,1759. New-Hamp­shire raised a thousand men for the service, who were regimented under the com­mand of Col. Zaccheus Lovewell, son of the famous partisan, who lost his life at Pigwacket. This regiment joined the ar­my at the westward, and served under General Amherst in the actual reduction of Ticonderoga and Crown Point, and in building a new fortress at the last place. The success of this summer was brilliant, beyond former example. The French fort at Niagara surrendered to General Johnson; and the strong city of Quebec was taken by the British troops under General Wolfe, [Page 303] who, with the French General Montcalm, was slain in the decisive battle.

When the British arms had obtained a decided superiority over the French, it was determined to chastise the Indians who had committed so many devastations on the frontiers of New-England. Major Robert Rogers was dispatched from Crown Point, by General Amherst,Sept. 13. with about two hundred rangers, to destroy the Indi­an village of St. Francis. After a fatiguing march of twenty-one days, he came with­in sight of the place, which he discovered from the top of a tree, and halted his men at the distance of three miles.Oct. [...]. In the even­ing,N. Hamp­shire [...], No. 165. he entered the village in disguise with two of his officers. The Indians were engaged in a grand dance, and he passed through them undiscovered. Having formed his men into parties, and posted them to advantage; he made a general as­sault, just before day, whilst the In­dians were asleep. They were so com­pletely surprised that little resistance could be made. Some were killed in their hous­es; and of those who attempted to flee, ma­ny were shot or tomahawked by parties placed at the avenues. The dawn of day disclosed a horrid scene; and an edge was given to the fury of the assailants by the [Page 304] sight of several hundred scalps of their countrymen, elevated on poles, and wav­ing in the air. This village had been en­riched with the plunder of the frontiers and the sale of captives. The houses were well furnished, and the church was adorned with plate. The suddenness of the attack, and the fear of a pursuit, did not allow much time for pillage; but the rangers brought off such things as were most convenient for transportation; a­mong which were about two hundred guineas in money, a silver image weigh­ing ten pounds, a large quantity of wampum and clothing. Having set fire to the village, Rogers made his retreat up the river St. Francis, intending that his men should rendezvous at the upper Co­hos, on Connecticut river. They took with them five English prisoners, whom they found at St. Francis, and about twenty Indians; but these last they dis­missed. Of the rangers, one man only was killed; and six or seven were wound­ed. In their retreat, they were pursued, and lost seven men. They kept in a body for about ten days, passing on the eastern side of lake Memfrimagog, and then scat­tered. Some found their way to Num­ber-four, after having suffered much by [Page 305] hunger and fatigue. Others perished in the woods, and their bones were found near Connecticut river, by the people, who after several years began plantations at the upper Cohos.

After the taking of Quebec, the remain­der of the season was too short to com­plete the reduction of Canada. The next summer General Amherst made prepara­tions to approach Montreal,1760. by three dif­ferent routes; intending, with equal pru­dence and humanity, to finish the con­quest, without the effusion of blood. For the service of this year, eight hundred men were raised in New-Hampshire, and put under the command of Col. John Goffe. They marched, as usual, to Num­ber-four; but instead of taking the old route, to Albany, they cut a road^* through the woods, directly toward Crown Point. In this work they made such dispatch, as to join that part of the army which Amherst had left at Crown Point,July 31. twelve days before their embarkation.Aug. 11. They [Page 306] proceeded down the lake, under the com­mand of Col. Haviland. The enemy made some resistance at Isle au Noix,Mac [...]lin­t [...]ck's MS journal. which stopped their progress for some days, and a few men were lost on both sides. But this post being deserted, the forts of St. John and Chamblee became an easy conquest,Sept. 8. and finally Montreal capitulat­ed. This event finished the campaign, and crowned Amherst with deserved lau­rels.

Whilst the New-Hampshire regi­ment was employed in cutting the new road; signs of hovering Indians were fre­quently discovered, though none were ac­tually seen. But they took the family of Joseph Willard, from Number-four, and carried them into Montreal,Olcott's MS letter. just before it was invested by the British army.

The conquest of Canada, gave peace to the frontiers of New-Hampshire, after a turbulent scene of fifteen years; in which, with very little intermission, they had been distressed by the enemy. Many captives returned to their homes; and friends who had long been separated, em­braced each other in peace. The joy was heightened by this consideration, that the country of Canada, being subdued, could no longer be a source of terror and distress.

[Page 307]The expense of this war, was paid by a paper currency. Though an act of Par­liament was passed in 1751, prohibiting the Governors, from giving their assent to acts of Assembly, made for such a pur­pose; yet, by a proviso, extraordinary emergencies were excepted. Governor Wentworth was slow to take advantage of this proviso, and construed the act in a more rigid sense than others; but his friend Shirley helped him out of his diffi­culties. In 1755 paper bills were issued under the denomination of new tenor; of which, fifteen shillings were equal in value to one dollar. Of this currency, the sol­diers were promised thirteen pounds ten shillings per month; but it depreciated so much in the course of the year, that in the muster rolls, their pay was made up at fifteen pounds. In 1756 there was another emission from the same plates, and their pay was eighteen pounds. In 1757, it was twenty-five pounds. In 1758,Atkinson's MS letters. they had twenty-seven shillings sterling. In the three succeeding years, they had thirty shillings sterling, besides a bounty at the time of their inlistment, equal to one month's pay. At length sterling money became the standard of all con­tacts; and though the paper continued [Page 308] passing as a currency, its value was regu­lated by the price of silver, and the cours [...] of exchange.

It ought to be remembered as a signal favor of divine Providence; that during this war, the seasons were fruitful, and the Colonies were able to supply their own troops with provisions, and the British fleets and armies with refreshments of ev­ery kind which they needed. No sooner were the operations of the war in the northern Colonies closed,1761. than two years of scarcity succeeded; (1761 and 1762) in which the drought of summer was so se­vere, as to cut short the crops, and ren­der supplies from abroad absolutely ne­cessary. Had this calamity attended any of the preceding years of the war, the distress must have been extreme, both at home and in the camp. During the drought of 1761, a fire raged in the woods, in the towns of of Barrington and Roch­ester, and passed over into the county of York, burning with irresistable fury for several weeks, and was not extinguished till a plentiful rain fell, in August. An immense quantity of the best timber was destroyed by this conflagration.

For the succeeding part of the war, a smaller body of men was required to gar­rison [Page 309] the new conquests;1762. whilst the Brit­tish troops were employed in the West In­dia islands. The success which attended their operations in that quarter, brought the war to a conclusion; and by the trea­ty of peace, though many of the conquer­ed places were restored, yet, the whole continent of North America remained to the British Crown, and the Colonies re­ceived a reimbursement of their expen­ses.

The war being closed, a large and valu­able tract of country, situated between New-England, New-York and Canada, was secured to the British dominions; and it became the interest of the Governors of both the royal Provinces of New-Hamp­shire and New-York, to vie with each other, in granting this territory and re­ceiving the emoluments arising from this lucrative branch of their respective offices. The seeds of a controversy on this subject had been already sown. During the short peace which followed the preceding war, Governor Wentworth wrote to Governor Clinton,1749. that he had it in command from the King,Nov. 17. to grant the unimproved lands within his government;Council minutes. that the war had prevented that progress, which he had hop­ed for in this business; but that the peace [Page 310] had induced many people, to apply for grants in the western parts of New-Hamp­shire,N. York printed narrative. Appendix, No. 3. which might fall in the neighbour­hood of New-York. He communicated to him a paragraph of his commission, describing the bounds of New-Hampshire, and requested of him a description of the bounds of New-York. Before he receiv­ed any answer to this letter; Wentworth, presuming that New-Hampshire ought to extend as far westward as Massachusetts; that is to the distance of twenty miles east from Hudson's river, granted a township, six miles square, called Bennington; situ­ate twenty-four miles east of Hudson's river,1750. and six miles north of the line of Massachusetts. Clinton having laid Went­worth's letter before the Council of New-York;N. Hamp­shire book of Char­ters. by their advice answered him, that the Province of New-York was bounded easterly by Connecticut river. This claim was founded on a grant of King Charles the second; in which, ‘all the land from the west side of Connecticut river, to the east side of Delaware bay,’ was con­veyed to his brother James, Duke of York; by whose elevation to the throne, the same tract merged in the crown of England, and descended at the Revolu­tion to King William and his successors. [Page 311] The Province of New-York had formerly urged this claim against the Colony of Connecticut; but for prudential reasons had conceded that the bounds of that Co­lony should extend, as far as a line drawn twenty miles east of Hudson's river. The like extent was demanded by Massachu­setts; and, though New-York affected to call this demand 'an intrusion,' and stren­uously urged their right to extend east­ward to Connecticut river; yet the origi­nal grant of Massachusetts, being prior to that of the Duke of York, was a barrier which could not easily be broken. These reasons, however, it was said, could be of no avail to the cause of New-Hampshire, whose first limits, as described in Mason's patent, did not reach to Connecticut river; and whose late extent, by the settlement of the lines in 1741, was no farther west­ward than ‘till it meets with the King's other governments.’ Though it was agreed, between the two Governors, to submit the point in controversy to the King; yet the Governor of New-Hamp­shire, continued to make grants, on the western side of Connecticut river, till 1754; when the renewal of hostilities not only put a stop to applications; but pre­vented [Page 312] any determination of the contro­versy by the Crown.1754.

During the war, the continual passing of troops through those lands, caused the value of them to be more generally known; and, when by the conquest of Canada, tranquillity was restored, they were eagerly fought by adventurers and speculators. Wentworth availed himself of this golden opportunity, and by advice of his Coun­cil, ordered a survey to be made of Con­necticut river for sixty miles, and three lines of townships on each side,1761. to be laid out. As applications increased, the sur­veys were extended. [...]uly 1. Townships of six miles square were granted to various pe­titioners; and so rapidly did this work go on, that during the year 1761, not less than sixty townships were granted on the west, and eighteen on the east side of the river. Besides the fees and presents for these grants, which were undefined; a re­servation was made for the Governor, of five hundred acres in each township; and of lots for public purposes. These reservations were clear of all fees and charges.A [...]k [...]ns [...]n's M [...]. 1763. The whole number of grants on the western side of the river, amounted to one hundred and thirty-eight; and their extent was from Connecticut river [Page 313] to twenty miles east of the Hudson, as far as that river extended northerly; and af­ter that, westward to Lake Champlain. The rapid progress of these grants filled the coffers of the Governor. Those who had obtained the grants were seeking pur­chasers in all the neighbouring Colonies; whilst the original inhabitants of New-Hampshire, to whom these lands had for­merly been promised, as a reward for their merit in defending the country, were over-looked in the distribution; unless they were disposed to apply in the same man­ner, as persons from abroad; or unless they happened to be in favor.Informa­tion of the late P. Gil­man and M. W [...]are. When re­monstrances were made to the Governor on this subject, his answer was, that the people of the old towns had been formerly ly complimented with grants in Chichester, Barnsted and Gilmantown, which they had neglected to improve; and that the new grantees were better husbandmen and would promote the cultivation of the Province.

The passion for occupying new lands rose to a great height. These tracts were filled with emigrants from Massachusetts and Connecticut. Population and culti­vation began to increase with a rapidity hitherto unknown; and from this time [Page 314] may be dated the flourishing state of New-Hampshire; which before had been cir­cumscribed and stinted in its growth, by the continual danger of a savage enemy.

The grants on the western side of Con­necticut river, alarmed the government of New-York; who, by their agent, made application to the Crown, representing ‘that it would be greatly to the advantage of the people settled on those lands, [...] to be annexed to New-York;’ and submitting the cause to the royal decision. In the mean time,Dec. 28. a proclamation was issued by Lieutenant Governor Colden, reciting the grant of King Charles to the Duke of York; asserting the jurisdiction of New-York as far eastward as Connecticut river; and enjoining the Sheriff of the County of Albany, to return the names of all per­sons, who, under color of the New-Hamp­shire grants, held possession of lands west­ward of that river. This was answered by a proclamation of Governor Went­worth,1764. March 13. declaring the grant to the Duke of York to be obsolete, and that the western bounds of New-Hampshire were co-ex­tensive with those of Massachusetts and Connecticut; encouraging the grantees to maintain their possessions, and cultivate their lands; and commanding civil offi­cers [Page 315] to execute the laws and punish dis­turbers of the peace.

The application from New-York was referred to the Board of Trade;July 20. Original MS. and upon their representation, seconded by a report of a committee of the privy council, an [...]rder was passed, by the King in Council; [...]eclaring ‘the western banks of Connec­ticut river, from where it enters the Prov­ince of Massachusetts Bay, as far north as the forty-fifth degree of latitude, TO BE the boundary line, between the two Provinces of New-Hampshire and New-York.’

This decree, like many other judicial determinations, while it closed one contro­versy, opened another. The jurisdiction of the Governor of New-Hampshire, and his power of granting land, were circum­scribed by the western bank of Connecti­cut river; but the grantees of the soil, [...]ound themselves involved in a dispute with the government of New-York. From the words TO BE, in the royal declara­tion, two very opposite conclusions were drawn. The government supposed them to refer to the time past, and construed them as a declaration that the river always [...]ad been the eastern limits of New-York; consequently, that the grants made by the [Page 316] Governor of New-Hampshire, were inval­id, and that the lands might be granted again. The grantees understood the words in the future tense, as declaring Con­necticut river from that time to be the line of jurisdiction only, between the two provinces; consequently that their grants, being derived from the Crown, through the medium of one of its Governors, were valid. To the jurisdiction, they would have quietly submitted, had no attempt been made to wrest from them their pos­sessions. These opposite opinions, prov­ed a source of litigation for ten succeed­ing years; but, as this controversy be­longs to the history of New-York, it is dis­missed, with one remark only. That though it was carried on with a degree of virulence, unfriendly to the progress of civilization and humanity, within the dis­puted territory; yet it called into action, a spirit of vigorous self defence, and har­dy enterprise, which prepared the nerves of that people for encountering the dan­gers of a revolution, more extensive and beneficial.

FROM the earliest establishment of the American Colonies, a jealousy of their independence had existed among the people of Great-Britain. At first, this apprehension was perhaps no more than a conjecture founded on the vicissi­tude of human affairs, or on their know­ledge of those emigrants who came away from England, disgusted with the abusive treatment which they had endured at home. But from whatever cause it arose, it was strengthened by age; and the conduct of the British government toward America, was frequently influenced by it. In the reign of James the first, ‘speculative rea­soners raised objections to the planting of these Colonies; and foretold,Hume. that af­ter draining the mother country of in­habitants, they would shake off her yoke and erect an independent government.’ Some traces of this jealousy appeared in every succeeding reign,See vol 1. page 309. not excepting that of William, whom America, as well as [Page 318] Britain, was proud to style ‘our great deliverer.’ But it became most evident, and began to produce its most pernicious effects, at a time when there was the least reason for indulging the idea.

During the administration of PITT, a liberal kind of policy had been adopted toward the Colonies; which being crown­ed with success, had attached us^* more firmly than ever, to the kingdom of Britain. We were proud of our connex­ion with a nation whose flag was triumph­ant in every quarter of the globe; and by whose assistance we had been delivered from the danger of our most formidable enemies, the French in Canada. The ac­cession of George the third,1760. at this criti­cal and important era, was celebrated here, with as true zeal and loyalty, as in any part of his dominions. We were fond of repeating every plaudit, which the ardent affection of the British nation bestowed on a young monarch, rising to the throne of his ancestors, and professing to ‘glory in the name of Briton.’ At such a time, nothing could have been more easy, than by pursuing the system of commercial reg­ulation, [Page 319] already established, and continu­ing the indulgencies which had been al­lowed, to have drawn the whole profit of our labor and trade, into the hands of british merchants and manufacturers. This would have prevented a spirit of en­terprise in the Colonies, and kept us in as complete subjection and dependence, as the most sanguine friend of the British nation could have wished.

We had, among ourselves, a set of men, who,1763. ambitious of perpetuating the rank of their families,Bernard's select let­ters. were privately seeking the establishment of an American Nobili­ty; out of which,Oliver's letters. an intermediate branch of legislation, between the royal and de­mocratic powers, should be appointed. Plans were drawn, and presented to the British ministry, for new modelling our governments, and reducing their powers; whilst the authority of Parliament should be rendered absolute and imperial. The military gentlemen of Britain, who had served here in the war, and on whom, a profusion of grateful attention had been bestowed, carried home reports of our wealth; whilst the sons of our merchants and planters, who went to England for their education, exhibited specimens of prodigality which confirmed the idea. [Page 320] During the war, there had been a great influx of money; and at the conclusion of it, British goods were largely imported; by which means, the cash went back again with a rapid circulation.

In no age, perhaps, excepting that in which Rome lost her liberty, was the spi­rit of venality and corruption so prevalent as at this time,History of the minor­ity, 1 [...]65, page 286. in Britain. Exhausted by a long war, and disgraced by a peace which deprived her of her most valuable con­quests, the national supplies were inade­quate to the continual drain of the ex­checquer. A new ministry, raised on the ruin of that by which America was con­quered and secured, looked to this coun­try as a source of revenue. But, neglect­ing the 'principles of law and polity, which had been early suggested to them by an officious correspondent;Bernard's select let­ters. and by which they might have gradually and si­lently extended their system of corrup­tion into America; they planned mea­sures by which they supposed an addition to the revenues of Britain might be drawn from America; and the pretence was, ‘to defray the expenses of protecting, de­fending and securing it.’ The fallacy of this pretence was easily seen. If we had not done our part toward the protec­tion [Page 321] and defence of our country, why were our expenditures reimbursed by Par­liament? The truth is, that during the whole war, we had exerted ourselves be­yond our ability; relying on a promise from a Secretary of State, that it should be recommended to Parliament to make us compensation. It was recommended; the compensation was honorably granted, and gratefully received. The idea of drawing that money from us again by taxes to repay the charges of our former de­fence, was unjust and inconsistent. If the new conquests needed protection or defence, those who reaped the gain of their commerce, or enjoyed the benefit of grants and offices within those territories, might be required to contribute their aid. Notwithstanding this pretext, it was our opinion, that the grand object was to pro­vide for dependents, and to extend the corrupt and venal principle of crown in­fluence, through every part of the British dominions. However artfully it was thrown out, that the revenue to be drawn from us would ease the taxes of our bre­thren in Britain, or diminish the load of national debt; it was not easy for us to believe that the ministry had either of these objects sincerely in contemplation. But [Page 322] if it had been ever so equitable that we should contribute to discharge the debt of the nation, incurred by the preceding war; we supposed that the monopoly and con­trol of our commerce, which Britain en­joyed, was a full equivalent for all the advantages, which we reaped from our po­litical connexion with her.

The same gazette, which contained the definitive treaty of peace,N. Hamp­shire Ga­zette, May 27. announced the intentions of the British ministry to quar­ter troops in America, and support them at our expense. The money was to be raised by a duty on foreign sugar and molas­ses, and by stamps on all papers legal and mercantile. These intentions were at first thrown out in the form of resolves, and afterward digested into acts of Parli­ament. The first of these acts, restricting the intercourse which the American Colo­nies had enjoyed with the West-India islands,1764. caused a general uneasiness and suspicion, but was viewed as a regulation of trade, and was submitted to, though with reluctance. The effect of this act was to call forth a spirit of frugality, par­ticularly in the introduction of a less ex­pensive mode of conducing funerals. Pe­titions and remonstrances were sent to England by some of the Colonies; but [Page 323] instead of any redress,1765. a new act of Parli­ament was made for raising a revenue by a general stamp duty through all the American Colonies. The true friends of constitutional liberty now saw their dearest interests in danger; from an assumption of power in the parent state to give and grant the property of the colonists at their pleasure. Even those who had been seek­ing alterations in the colonial governments, and an establishment of hereditary honors, plainly saw that the ministry were desir­ous of plucking the fruit,Bernard's select let­ters. before they had grafted the stock on which it must grow. To render the new act less odious to us, some of our fellow citizens were appoint­ed to distribute the stamped paper, which was prepared in England and brought over in bales. The framers of the act [...]oasted that it was so contrived as to exe­cute itself; because no writing could be deemed legal without the stamp; and all controversies which might arise, were to be determined in the Courts of Admi­ralty, by a single judge, entirely dependent on the Crown.

This direct and violent attack on our dearest privileges at first threw us into a silent gloom; and we were at a loss how to proceed. To submit, was to rivet the [Page 324] shackles of slavery on ourselves and our posterity. To revolt, was to rend asun­der the most endearing connexion, and hazard the resentment of a powerful na­tion. In this dilemma, the House of Burgesses in Virginia,May 28. passed some spirited resolves, asserting the rights of their coun­try, and denying the claim of parliament­ary taxation. The Assembly of Massa­chusetts proposed a Congress of Deputies from each Colony,June 6. to consult upon our common interest, as had frequently been practised in times of common danger. Several speeches made in Parliament by opposers of the stamp-act were reprinted here; in one of which the Americans were styled 'Sons of liberty,' and the speaker ventured,Col. Bar [...]. from his personal knowledge of this country, to foretel our opposition to the act.

The spirit of the Virginian resolves, like an electric spark, diffused itself in­stantly and universally; and the cautious proposal of Massachusetts was generally approved. The anxious mind, resting on the bold assertion of constitutional rights, looked forward with pleasure, to the time when an American Congress would unite in a successful defence of them. The title 'Sons of liberty,' was eagerly adopted by [Page 325] associations in every Colony; determining to carry into execution the prediction of him, who with such noble energy, had [...]spoused the cause of our freedom. They began the opposition at Boston; by pub­licly exhibiting effigies of the enemies of America, and obliging the stamp-officer to resign his employment. The popular commotions in that town were afterward carried to an unjustifiable excess; but the spirit of opposition animated the body of the people in every Colony.

The person appointed distributor of stamps for New-Hampshire, was George Messervè, son of the late Colonel, who died at Louisbourg. He received his ap­pointment in England, and soon after embarked for America, and arrived at Bos­ton. Before he landed, he was informed of the opposition which was making to the act;Sept. [...]. and that it would be acceptable to the people if he would resign, which [...] readily did, and they welcomed him on [...]hore. An exhibition of effigies at Ports­mouth had prepared the minds of the peo­ple there for his reception;Sept. 12. Sept. 18. and at his coming to town he made a second resig­nation, on the parade, before he went to his own house. This was accepted with the usu­al salutation;Sept. 3 [...]. and every one appeared to be satisfied with the success of the popular [Page 326] measures. Soon after, the stamped paper destined for New-Hampshire arrived at Boston in the same vessel with that in­tended for Massachusetts; but there being no person in either Province who had any concern with it, it was, by order of Gover­nor Bernard, lodged in the castle.

The stamp-act was to commence its operation on the first day of November; previously to which the appointed Con­gress was formed at New-York, consisting of delegates from the Assemblies of Massa­chusetts, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the Del­aware Counties, Maryland and South-Carolina. Having, like the Congress at Albany in 1754, formed themselves in geographical order; they framed a bill of rights, for the Colonies; in which the sole power of taxation was declared to be in their own assemblies. They prepared three distinct addresses to the King, Lords and Commons, stating their grievances, and asking for redress. These were sub­scribed by the delegates of six Colonies; the others who were present were not em­powered to sign; but reported their pro­ceedings to their constituents, who ap­proved them in Assembly, and forwarded their petitions. No delegates went from New-Hampshire to this Congress; but [Page 327] the Assembly at their next meeting adopt­ed the same measures, and sent similar pe­titions to England, which they committed to Barlow Trecothick, their agent,Assembly Records. and John Wentworth, a young gentleman of Portsmouth, who was then in England, to be by them presented to the King and Parliament. These measures were the most respectful and prudent which could be devised; and were attended with some prospect of success from a change which had been made in the British ministry.

In the mean time, the newspapers were filled with essays, in which every plea for and against the new duties was amply dis­cussed. These vehicles of intelligence were doomed to be loaded with a stamp; and the printers felt themselves interested in the opposition. On the last day of October, the New-Hampshire Gazette appeared with a mourning border. A body of people from the country approach­ed the town of Portsmouth, under an ap­prehension that the stamps would be dis­tributed; but being met, by a number from the town, and assured that no such thing was intended, they quietly returned. The next day, the bells tolled, and a fu­neral procession was made for the Goddess of Liberty;Nov. 1. but on depositing her in the [Page 328] grave, some signs of life were supposed to be discovered, and she was carried off in triumph. By such exhibitions, the spirit of the populace was kept up; though the minds of the most thoughtful persons were filled with anxiety.

It was doubtful, whether the Courts of Law could proceed without stamps; and it was certain that none could be procured. Some licentious persons began to think that debts could not be recovered, and that they might insult their creditors with impunity. On the first appearance of this disorderly spirit, associations were formed at Portsmouth, Exeter and other places, to support the Magistrates and pre­serve the peace. The fifth of November had always been observed as a day of hi­larity, in remembrance of the powder-plot. On the following night, a strong guard was kept in Portsmouth. By these precautions, the tendency to riot was sea­sonably checked, and no waste of property or personal insult was committed; though some obnoxious characters began to trem­ble for their safety.

When Messervè arrived, the people sup­posed that he had brought his commission with him, and were content that it should remain in his own hands, being rendered [Page 329] void by his resignation. But, in fact, he did not receive it till after the time fixed for the operation of the act. Hav­ing shown his instructions to the Gover­nor, and some other public officers, it was suspected that he intended ‘to commence the execution of his office.’ The sons of liberty were alarmed;1766. they assembled by beat of drum,J [...]n. 9. and obliged him pub­licly to deliver up his commission and in­structions; which they mounted on the point of a sword, and carried in triumph through the town. An oath was admin­istered to him by Justice Claget, purport­ing that he would neither directly nor in­directly attempt to execute his office. The master of a ship, then ready to sail for England, was also sworn to deliver the packet containing the commission and in­structions, as it was directed. It was first addressed to the Commissioners of the stamp-office in London; but afterward it was enclosed in a letter to the agents of the Province, refering the disposal of it to their discretion. It happened to arrive, when great exertions were making, and a strong probability existed, of the repeal of the stamp-act. The agents therefore con­cealed the packet, and had the good for­tune to suppress the intelligence of all [Page 330] these proceedings; that no irritation might ensue to prevent the expected re­peal.

During all these commotions, Governor Wentworth was silent. The ministry, ei­ther by accident or design, had neglected to send authentic copies of the stamp-act, to some of the American Governors, and to him among others. There had been no tumults, which rendered his interposi­tion necessary. He was in the decline of life, and his health was much impaired. His fortune was made, and it lay chiefly in his native country. One of the rea­sons given, for the removal of his prede­cessor, was, that he had enjoyed his office ten years; Mr. Wentworth had been twenty-five years in the chair, and ex­pected soon to be superseded. It was therefore his interest, not to put himself forward in support of unpopular mea­sures. His example was followed by most of the gentlemen in the Province, who held offices under the Crown. If any of them were secretly in favor of the act, they were restrained by fear, from con­tradicting openly the voice of the people.

The popular spirit was sufficiently rous­ed to join in any measures which might be necessary for the defence of liberty. [Page 331] All fear of the consequence of proceeding in the public business without stamps, was gradually laid aside. The courts of law, and custom houses were kept open. Newspapers circulated, and licenses for marriage, without stamps, were publicly advertised. As it was uncertain, what might be the event of the petitions to the King and Parliament, it was thought best, to awaken the attention of the merchants and manufacturers of England, by an a­greement to import no goods, until the stamp-act should be repealed. To pro­vide for the worst, an association was formed by the 'sons of liberty' in all the northern Colonies, to stand by each other, and unite their whole force, for the pro­tection and relief of any who might be in danger, from the operation of this, or any other oppressive act. The letters which passed between them,MS letters of the sons of liberty. on this occa­sion, are replete with expressions of loyal­ty and affection to the King, his person, family and authority. Had there been any disaffection to the royal government, or desire to shake off our allegiance, where would the evidence of it be more likely to be found, than in letters which passed be­tween bodies of men, who were avowedly endeavoring, to form an union, to resist [Page 332] the usurped authority of the British Lords and Commons?^*

The idea which we entertained of our political connexion with the British em­pire, was, that the King was its supreme head; that every branch of it was a per­fect State, competent to its own internal legislation, but subject to the control and negative of the sovereign; that taxation and representation were correlative, and therefore that no part of the empire could be taxed, but by its own Representatives in Assembly. From a regard to the gen­eral interest, it was conceded, that the Par­liament of Great-Britain, representing the first and most powerful branch of the em­pire, might regulate the exterior com­merce of the whole. In Britain, the A­merican governments were considered as corporations, existing by the pleasure of the King and Parliament, who had a right to alter or dissolve them. Our laws were deemed bye-laws; and we were sup­posed to be, in all cases of legislation and [Page 333] taxation, subject to the supreme, undefin­ed power of the British Parliament. Be­tween claims so widely different, there was no arbitrator to decide. Temporary expedients, if wisely applied, might have preserved peace; but the most delicate and judicious management was necessary, to prevent irritation.

When the commotions which had hap­pened in America, were known in Eng­land, a circular letter was written to the several governors, by Secretary Conway,Oct. 24. 1765. in which it was ‘hoped that the resistance to the authority of the mother country, had only found place among the lower and more ignorant of the people.’ To the constitutional authority (as we understood it) of the King and Parliament, there had been no resistance; but to the assumed authority, of our fellow subjects in Britain, over our property, the resist­ance began, and was supported by the Representatives of the people, in their As­semblies. Those who appeared under the name of 'the sons of liberty' were chiefly tradesmen of reputation, who were occa­sionally assisted by lawyers, clergymen, and other persons of literary abilities. The writings of Sydney and Locke were produced, in evidence of the justice of our [Page 334] claims; and the arguments which had for­merly been used in England, against the usurpations of the house of Stuart, were adopted and repeated by us, in favor of our rights and liberties. Political inquiries were encouraged, and the eyes of the people were opened. Never was a senti­ment more generally adopted, on the full­est conviction, than that we could be con­stitutionally taxed by none but our own Representatives; and that all assumption of this power, by any other body of men, was usurpation which might be lawfully resisted.

The petitions of the American Assem­blies, enforced by the agreement for non-importation, and aided by the exertions of the British merchants and manufactur­ers, induced the new ministry to recom­mend to Parliament, a repeal of the odi­ous stamp-act.March 18. It was accordingly re­pealed; not on the true principle of its repugnancy to the rights of America; but on that of political expediency. Even on this principle, the repeal could be obtained by no other means; than by passing, at the same time, a declaratory act, asserting the right and power, of the British Parliament, ‘to bind America, in all cases whatsoever,’ and annulling all [Page 335] the resolutions of our Assemblies, in which they had claimed the right of exemption from Parliamentary taxation.

The rejoicings which were occasioned by the repeal of the stamp-act, in this country, were extravagantly dispropor­tioned to the object. We felt a transient relief from an intolerable burden; but the claim of sovereign power, in our fellow subjects, to take our property, and abridge our liberty at their pleasure, was establish­ed by law. Our only hope was, that they would profit by their recent experi­ence; and whilst they enjoyed the pride of seeing their claim exist on paper, would suspend the exercise of it in future.

With the repealing and declaratory acts, a circular letter came from Secretary Conway; in which, ‘the lenity and ten­derness, the moderation and forbearance of the Parliament toward the Colonies’ were celebrated in the language of pane­gyric, and we were called upon, to show our ‘respectful gratitude and cheerful obedience,’ in return for such a ‘signal display of indulgence and affection.’ This letter enclosed a resolution of Parli­ament, that those persons who had ‘suf­fered any injury or damage,’ in conse­quence of their assisting to ‘execute the [Page 336] late act, ought to be compensated, by the Colonies, in which such injuries were sustained.’

When Governor Wentworth laid this letter before the Assembly, he told them ‘with pleasure and satisfaction,June 25. that he had no requisition of this kind to make.’ Messervè, however, applied to the Assem­bly to grant him a compensation for the injuries which he said he had suffered. A committee, being appointed to inquire in­to the ground of his petition, reported, ‘that he had suffered no real damage either in person or property; but that when any danger had been expected, guards had been appointed to protect him.’ Upon this report, his petition was dismiss­ed. He afterward went to England and obtained the office of Collector of the the Customs.

At this session, the Assembly prepared a respectful address to the King and both Houses of Parliament, on account of the repeal; which was sent to England, at the same time that the stamped paper and parchment, which had been deposited at castle in Boston, were returned.

Complaints had been made in England against some of the American Governors, and other public officers, that exorbitant [Page 337] [...]ees had been taken for the passing of pa­ [...]ents for land; and a proclamation had been issued by the Crown and published in the Colonies,New-Hampshire Gazette. threatning such persons with a removal from office.August 29. 1764. Governor Wentworth was involved in this charge. He had also been accused of negligence in corresponding with the King's ministers; of informality and want of accuracy in his grants of land; and of passing acts of Assembly respecting private property, with­out a suspending clause ‘till his Majesty's pleasure could be known.’ In his of­fice of Surveyor-General he had been charged with neglect of duty, and with indulging his deputies in selling and wast­ing the King's timber. By whom these complaints were made, and by what evi­dence they were supported, I have not been able to discover. Certain it is, that such an impression was made on the minds of the ministry, that a resolution was ta­ken to remove him; but the difficulties attending the stamp-act, caused a delay in the appointment of a successor. When the ferment had subsided, the attention of the ministry was turned to this object. JOHN WENTWORTH, son of Mark Hunk­ing Wentworth, and nephew of the Gov­ernor, was then in England. He had ap­peared [Page 338] at Court, as a joint agent with Mr. Trecothick in presenting the petition of the Province against the stamp-act. He had become acquainted with several families of high rank and of his own name, in Yorkshire, and in particular with the Marquis of Rockingham, then at the head of the ministry. By his in­dulgence, Mr. Wentworth prevailed to soften the rigor of government against his uncle. Instead of being censured and re­moved from office, he was allowed oppor­tunity to resign, and the appearance of re­signing in favor of his nephew, who was destined by the Marquis, to be his succes­sor. Having received his commissions. as Governor of New-Hampshire, and Surveyor of the King's woods in North America,August 11. Mr. Wentworth sailed from Eng­land, and arrived at Charlestown, in South-Carolina.1767. Thence he travelled through the continent,March. registering his commission of Surveyor in each of the Colonies, and was received at Portsmouth, with every mark of respect and affection. This ap­pointment,June 13. made by a popular ministry, was peculiarly grateful to the people of New-Hampshire, by whom Mr. Went­worth was well known and much esteem­ed.

[Page 339]In addition to what has been said, of the superseded Governor, it may be ob­served; that his natural abilities were nei­ther brilliant nor contemptible. As a private gentleman he was obliging, and as a merchant honorable. He was gene­rous and hospitable to his friends; but his passions were strong and his resent­ments lasting. He was subject to fre­quent and long continued visits of the gout; a distemper rather unfriendly to the vir­tue of patience. In his deportment there was an appearance of haughtiness, con­tracted by his residence in Spain, where he learned the manners of the people of rank; as well as the maxims of their gov­ernment. He thought it best that the highest offices, should be filled with men of property; and though in some instan­ces he deviated from this principle, yet, in others, he adhered to it so closely, as to disregard more necessary qualifications.

In the former part of his administra­tion, he was scrupulous in obeying his instructions, and inflexible in maintaining the prerogative. In conducting the ope­rations of two successive wars, his atten­tion to the service was very conspicuous; and he frequently received letters of thanks, from the Generals, and other of­ficers [Page 340] of the British troops employed in America.

He was closely attached to the interest of the church of England; and in his grants of townships, reserved a right for the society for propagating the gospel, of which he was a member. A project was formed during his administration, to estab­lish a college in New-Hampshire. When he was applied to for a charter, he declin­ed giving it, unless the college were put under the direction of the Bishop of Lon­don. But, when a grant was made by the Assembly, of three hundred pounds sterling, to Harvard College, where he had received his education, to repair the de­struction which it had suffered by fire; he consented to the vote, and his name is inscribed on an alcove of the library, as a benefactor, in conjunction with the name of the Province.

In his appointment of civil and milita­ry officers, he was frequently governed by motives of favor, or prejudice to par­ticular persons. When he came to the chair he found but twenty-five Justices of the Peace in the whole Province; but in the first commission which he issued, he nominated as many in the town of Ports­mouth only. In the latter part of his time, appointments of this kind became so num­erous, [Page 341] and were so easily procured, that the office was rendered contemptible.^* [Page 342]Notwithstanding some instances, in which a want of magnanimi [...]y was too conspicuous, his administration was, in other respects, beneficial. Though he was highly censured, for granting the best lands of the Province to the people of Massachusetts and Connecticut, with views of pecuniary reward; yet, the true interest of the country was certain­ly promoted; because the grantees in general, were better husbandmen than the people of New-Hampshire.

In those cases, where dissatisfaction ap­peared, it was chiefly owing to the nature of a royal government, in which the aris­tocratic feature was prominent, and the democratic too much depressed. The people of New-Hampshire, though in­creasing in numbers, had not the privi­lege of an equal representation. The aim of most of those gentlemen, who received their appointments from abroad, was rather to please their masters, and secure the emoluments of their offices, than to extend benefits to the people, or condescend to their prejudices. They did not feel thier dependence on them, as the source of power; nor their re­sponsibility to them for its exercise. And, [Page 343] the people themselves had not that just idea of their own weight and importance, which they acquired, when the contro­versy with the British government call­ed up their attention to their native rights.

THE genius, as well as the interest of the new Governor, led him to cultivate the good will of the people.1767. He was grandson, by his mother, to the late agent John Rindge, who had been instru­mental of establishing the boundaries of the Province, and had advanced a large sum for that purpose. His family, who had long complained of ingratitude and neglect, were now amply gratified, not only by the advancement of the new Gov­ernor, but by his recommending several other gentlemen, who were connected with it, to fill vacant seats at the Council board, and other offices of government. [Page 345] Several gentlemen of other respectable fa­milies, who had been treated with neglect, in the preceding administration, were also taken into favor; and a spirit of concilia­tion, among those who had formerly been at variance, seemed to mark the beginning of this administration with fair omens of peace and success.

Being in the prime of life, active and enterprising in his disposition, polite and easy in his address, and placed in the chair by the same minister who had procured the repeal of the stamp-act, to which event his own agency had contributed; Mr. Wentworth enjoyed a great share of pop­ular favor; which was much heightened when his conduct was viewed in contrast with that of some other Governors in the neighbouring Provinces. Though bred a merchant, he had a taste for agriculture, and en [...]red vigorously into the spirit of cultivation. He frequently traversed the forests; explored the ground for new roads; and began a plantation for himself in the township of Wolfborough, on which he expended large sums, and built an elegant house. His example was influential on other landholders, who also applied them­selves in earnest to cultivate the wilder­ness.

[Page 346]The improvement of the country at this time occupied the minds of the peo­ple of New-Hampshire, and took off their attention, in a great measure, from the view of those political difficulties, which were occasioned by a new act of Parlia­ment, laying duties on paper, glass, paint­ers' colors, and tea; and the establishment of a board of Commissioners for collecting the American revenue. In the other Co­lonies, particularly in Massachusetts, these duties had become a subject of altercation and serious alarm, being grounded on the right which the Parliament had assumed of ‘binding America in all cases whatso­ever.’ The only remedy was to be found in frugality, non-importation, and domes­tic manufactures. These things were re­commended, and, in some measure, com­plied with; and by means of these exer­tions, the revenue fell short of the san­guine expectations which its advocates had formed.

The popularity of the Governor of New-Hampshire, and the influence of his nu­merous friends and connexions, who were of the principal families and the richest merchants in the Province, prevented the adoption of a non-importation agreement [Page 347] [...]n Portsmouth,^* till the merchants in some of the other Colonies threatned to with­hold any mercantile intercourse with them. A plan of the same kind was then (1770) formed; and the union of so many Colo­nies, in this measure, caused the manufac­turers in Great-Britain to experience dis­tresses of the same nature with those occa­sioned by the stamp-act; and to exert their influence for a repeal of the new rev­enue law, which was in part effected. All the duties, excepting that on tea, were taken off. This relaxation, on the other side of the Atlantic, produced a relaxation here. The ministry in Great-Britain was frequently changed; and no uniform sys­tem either of coercion or lenity was adopted. The opposition on this side languished for want of unanimity. The more candid among us were willing to suppose that Britain would never lay any more duties; and there was some foundation for this supposition, as far as letters from minis­ters of state, and speeches from provincial Governors might be depended on. The [Page 348] tax on tea was reserved as a latent spark to rekindle the controversy.

When the Governor, at his first meet­ing the Assembly, according to the custom on such occasions, recommended to them the establishment of an 'adequate, honor­able and permanent salary,Journal of Assembly.' they made some hesitation, on account of a report, that the salaries of the American Govern­ors were to be paid out of the revenue. On being assured, that if such a general establishment should take place, it would be so guarded as to prevent his receiving any reward from the Assembly; they fram­ed a vote, granting seven hundred pounds per annum during his administration (dol­lars being then fixed at six shillings.Sept. 30.) The fund appropriated to the salary was the excise, and in case of its insufficiency, oth­er provision was made. But the vote was limited with an exception, ‘unless provi­sion shall be made by Parliament.’ When the question was put, the House was equal­ly divided, and the Speaker, Peter Gilman, turned it against a permanent salary. It was therefore voted from year to year, and generally amounted to seven hundred pounds; besides which an allowance was made for house-rent, from sixty or seventy to one hundred pounds.

[Page 349]Among the improvements which, dur­ing this administration, were made in the Province, one of the most conspicuous, was the establishment of a seminary of lite­rature. It was founded on a projection of Doctor Eleazer Wheelock, of Lebanon in Connecticut, for the removal of his Indian charity school.

The first design of a school of this kind was conceived by Mr. John Sergeant, Missionary to the Indians at Stockbridge.Hopkins's memoirs of the Housa­tonnock Indians, 1736. A rambling mode of life, and a total want of letters, were ever unfriendly to the prop­agation of religious knowledge among the savages of America. That worthy missi­onary, intent on the business of his pro­fession, and having observed the progress made by some of the younger Indians, who resided in the English families, in reading and other improvements, conceiv­ed the benevolent idea of changing their whole habit of thinking and acting; and raising them from their native indolence to a state of civilization; and at the same time, by introducing the English language, instead of their own barren dialect, to in­stil into their minds the principles of mo­rality and religion.

To accomplish this design, he procured benefactions from many well disposed persons both here and in England; and [Page 350] began a school at Stockbridge; where the Indian youth were to be maintained, un­der the instruction of two masters; one to oversee their studies, and the other their field labor; whilst a matron should direct the female children in acquiring the arts of domestic life.(1749) Death put an end to the labors of this excellent man before his plan could be accomplished.

This design was revived by Wheelock. Having made some experiments, he was encouraged to proceed, by the tractable disposition of the Indian youths,(1754) and their proficiency in learning; but especially, by the numerous benefactions, which he re­ceived from the friends of religion and humanity.Whee­lock's prin­ted narra­tive. Among which, a donation of Joshua Moor, of Mansfield, being the larg­est, in the infancy of the institution, de­termined its name 'Moor's school.'

To increase the means of improvement, charitable contributions were solicited in different parts of America, in England, and in Scotland. The money collected in England, was put into the hands of a Board of Trustees, of whom the Earl of Dartmouth was at the head; and that collected in Scotland was committed to the society for promoting christian know­ledge.

[Page 351]As an improvement on the original design, a number of English youths were educated with the Indians, both in lite­rary and agricultural exercises; that their example might invite the Indians to the love of those employments, and abate the prejudice which they have universally im­bibed, that it is beneath the dignity of man to delve in the earth.

As the number of scholars increased, it became necessary to erect buildings, and extend cultivation. That part of the country in which the school was first placed, being filled with inhabitants, a re­moval was contemplated. When this intention was publicly known, offers were made by private and public persons in several of the neighboring Colonies. The wary foresight of the founder, aided by the advice of the Board of Trustees, in England, led him to accept an invita­tion made by the Governor, and other gentlemen of New-Hampshire. The township of Hanover, on the eastern bank of Connecticut river, was finally deter­mined on, as the most convenient situation for the school; to which the Governor annexed a charter of incorporation for an university,Dec. 13. which took the name of Dart­mouth College, from its benefactor, the [Page 352] Earl of Dartmouth. Of this university, Doctor Wheelock was declared the found­er and the President; with power to nom­inate his successor, in his last will. A Board of twelve Trustees was constituted, with perpetual succession; and the college was endowed with a large landed estate, consisting of one whole township (Lan­daff) besides many other tracts of land, in different situations, amounting in the whole, to forty-four thousand acres. One valuable lot, of five hundred acres, in the township of Hanover, given by the late Governor, Benning Wentworth, was fixed upon as the site of the school and college. Besides these donations of land, the amount of three hundred and forty pounds sterling, was subscribed, to be paid in labor, provisions, and materials for building. With these advantages, and the prospect of a rapidly increasing neigh­borhood, in a fertile soil, on both sides of Connecticut river, Doctor Wheelock removed his family and school into the wilderness.1770. At first, their accommoda­tions were similar to those of other settlers,September. on new lands. They built huts of green logs, and lived in them, till a proper edi­fice could be erected. The number of scholars, at this time, was twenty-four; [Page 353] of which eighteen were whites, and the rest Indians.

Experience had taught Doctor Whee­lock, that his Indian youths, however well educated, were not to be depended on for instructors of their countrymen.Narrative No. 5. p. 20, 21. Of forty who had been under his care, twenty had returned to the vices of savage life; and some whom he esteemed ‘subjects of di­vine grace, had not kept their garments unspotted.’ It was, therefore, in his new, necessary that a greater proportion of English youths should be educated, to serve as missionaries, and oversee the con­duct of the Indian teachers. This was given as the grand reason, for uniting the college with the Indian school, and placing it under the same government; though the appropriations were distinctly preserved. That the general concerns of the institu­tion might be better regulated, and the intrusion of vicious persons within the purlieus of the college prevented; a district of three miles square was put un­der its jurisdiction, and the President was invested with the office of a magistrate. In 1771, a commencement was held, and the first degrees were conferred, on four [Page 354] students; one of whom was John Whee­lock, the son and successor of the founder.

Another improvement was made about the same time, by dividing the Province into counties. This had been long sought, but could not be obtained. The incon­venience to which the people in the west­ern parts of the Province were subject, by reason of their distance from Portsmouth, where all the Courts were held, was ex­tremely burdensome; whilst the conveni­ence and emoluments of office were enjoy­ed by gentlemen in that vicinity. Some attempts to divide the Province had been made in the former administration; but without effect. The rapid increase of in­habitants for several years, made a division so necessary, that it had become one of the principal subjects of debate, in the As­sembly, from the time of the Governor's arrival. Several sessions passed before all points could be adjusted. The number of counties, and the lines of division, were not easily agreed to, and a punctilio of prerogative about the erecting of Courts, made some difficulty; but it was finally determined, that the number of counties should be five; and the Courts were estab­lished by an act of the whole legislature. It was passed with a clause, suspending its [Page 355] operation,1771. till the King's pleasure should be known. The royal approbation being obtained, it took effect in 1771. The five counties were named by the Governor, after some of his friends in England; Rockingham, Strafford, Hillsborough, Che­shire, and Grafton. The counties of Straf­ford and Grafton being much less popu­lous, than the others, were to remain an­nexed to the county of Rockingham, till the Governor, by advice of Council, should declare them competent to the exercise of their respective jurisdictions; which was done in 1773.

The year 1771 was also distinguished by the abolition of paper currency. Sil­ver and gold had been gradually introduc­ed, and the paper had for several years been called in by taxes. The time limited for its existence being now come, it total­ly disappeared.

The death of the late Governor produc­ed consequences which materially affected his successor.Oct. 14▪ 1770. Ae­tat 75. This family had been for many years of the first rank in the Prov­ince, and some of its members and connex­ions had held the principal offices. In such a case, domestic union may be con­sidered as necessary to preserve public hon­or. The late Governor, though supersed­ed, [Page 356] had been treated with every mark of respect; and having no children, it was expected that his successor would be his principal heir. A later will, made in fa­vor of his young widow, and unknown till after his death, caused a sudden disap­pointment; which, if it had evaporated in private reflections only, might have passed among the infirmities incident to humanity, and with them might have been consigned to oblivion; for it is be­neath the dignity of history, to record the altercations of families, unless they are connected with public transactions, or events.

Antiquated claims upon the late Gover­nor's estate were revived; and law-suits were commenced, which probably would not have been agitated, if the expected disposition had been made. But the most alarming effect of this unhappy disappoint­ment was a question, which the Governor moved in Council, ‘whether the reserva­tions of five hundred acres, in several townships,March 19. made by the late Governor, Benning Wentworth, [...] in the charter grants, conveyed the title to him?’ The Council determined this question in the negative. The Governor then asked, whether they would advise him to grant [Page 357] the said tracts, to such of his Majesty's subjects, as should settle and cultivate the same? To this they gave their assent. Seven of the Counsellors present on this occasion were the Governor's relations. The eighth was Peter Livius, a gentle­man of foreign extraction, who entered his dissent. He had for several years serv­ed as a Justice of the Common Pleas; but on the division of the Province into coun­ties, it was necessary to issue new commis­sions. Finding himself overlooked in the appointment of officers, and his private affairs calling him abroad, he sailed for England, and there exhibited to the Lords of Trade,1772. articles of complaint against the Governor and his Council.July 9.

The first was, that the Governor and Council, without any legal process,Printed compl [...]n. or the intervention of a jury, had deprived the grantees under the Crown of their lands, on suggestion only that the conditions had not been fulfilled.

The second was, that the duty paid by foreign shipping, commonly called pow­der money, had not been accounted for, since the year 1741; and that the Council had refused to join with the Representa­tives in an inquiry into this matter in the year 1768.

[Page 358]The third was, that the Governor had moved in Council, that the lands reserved to the late Governor, in the charters of townships, should be regranted to himself, through the medium of another person; and that the protest of the complainant, against the legality of this proceeding, was rejected.

The fourth was, that in consequence of the opposition, which he was in duty bound thus to make, he had been injuri­ously treated, and had received personal abuse from the Governor.

The fifth was, that pending an action in the Common Pleas, brought by the Gover­nor, though in other names, the Judges had several times been changed, till a question on a point of law was determined in favor of the Governor.

The sixth article stated, that the com­plainant had expected to prove several of the above facts, by referring to copies of the Council records in their Lordship's office; but was surprised to find that the Governor had disobeyed his instructions in not sending them.

The memorial concluded with a gene­ral charge or partiality arising from the family connexions of the Governor and Council.

[Page 359]Copies of this memorial were sent to the Governor and Council, who separately prepared and returned distinct answers to the several articles of complaint.MS copies.

To the first, it was said, that the re­ [...]umption of grants forfeited by non-com­pliance with the conditions of settlement was supported by the opinion of the At­torney and Solicitor General, given in 1752; that the invariable usage in these cases, had been to issue notice to delinquent proprietors, that they should appear on a set day, and shew cause why their shares should not be forfeited and regranted; that their allegations had been always treated with proper respect, and that no complaint of injustice had been made by any persons whose grants had been thus resumed.

To the second it was answered, that the amount of powder-money, during the former administration, though long neg­lected, had been lately recovered; and that since 1768, it had been regularly ac­counted for. The reason for the non­concurrence of the Council, with the vote for inquiring into this matter, was their respect to the royal prerogative, conceiv­ing that the House had no concern with the matter.

[Page 360]To the third article, it was said, that the late Governor, conscious of the insuf­ficiency of his title, had solicited his suc­cessor for grants of these reservations, which he had declined giving, unless a mandamus from the King could be pro­cured; that this uncertainty had prevented his alienating them; that in consequence, they were uncultivated and forfeited; that some of these lands had been regranted to other persons; but that the present Gover­nor had no interest directly or indirectly in them. The Council denied, that the Gov­ernor had ever proposed the granting of these lands to himself, through another person. They also denied that the dissent of the memorialist had been refused.

The charge of personal abuse, in the fourth article, was contradicted and re­torted; but it was conceded, that the Governor had told him that his reasons of dissent were not founded in truth.

In answer to the fifth article, it was acknowledged, that the action was brought for the Governor's benefit; but that any unfair means were used to influence the Court was denied. This denial was cor­roborated by the depositions of the Judges themselves, and of the Attorneys who were concerned in the suit. It was also proved [Page 361] that the judgment of the Court on the question of law, was of no moment, being reversed by the Superior Court, before which the cause was carried by appeal.

To the sixth article, it was answered, that the Governor had directed the Secre­tary to furnish him with copies of all the public transactions which had usually been sent to England, and that he had re­gularly transmitted them. But it appear­ed from the affidavit of the Secretary, that in June 1760, the late Governor had or­dered him not to transcribe the minutes of the Council, when sitting without the Assembly, unless specially directed; and since that time it had been usual to send the journal of the Council when sit­ting as a House of Assembly, and not as a Council of State.

In fine, the Council denied that they had ever acted, in their public capacity, from any private or family interest; but as­serted, that they had frequently given their judgment directly against it; and they concluded with very severe reflections on the complainant.

With these answers,1773. were transmitted a great number of depositions,MS copies. from persons of all ranks and professions, testifying in favor of the Governor, These being laid [Page 362] before the Lords of Trade, and the memo­rialist being heard in reply, the Board re­presented to the King,May 10. Printed re­presenta­tio [...] ▪ that the complaint against the Governor 'had been fully veri­fied.' At the same time they thought it their duty to represent, ‘that the reports which they had received, through differ­ent channels, of the situation of affairs within New-Hampshire, did all concur in representing the colony to have been, since Mr. Wentworth's appointment, in a state of peace and prosperity; that its commerce had been extended, and the number of its inhabitants increased; and that every attempt made to excite the people to disorder and disobedience, had been, by the firm and temperate con­duct of Mr. Wentworth, suppressed and restrained.’

When the cause was reheard before a committee of the Privy Council, it was observed by the Governor's advocate, [...] 29. that ‘peace, prosperity and obedience, were not compatible with oppression and injustice; and that however the Lords of Trade had in the beginning of their report condemn­ed the Governor, they had, by the praise bestowed upon him, in the end contra­dicted themselves.’

[Page 363]The Lords of the committee reported to the King in Council, their judgment upon several articles of the complaint,August 26. Printed re­port. in substance as follows.

'That by the law of England, when [...]nds were granted, upon condition, the breach of that condition must be found by a jury under a commission from the Court of Chancery; but that no such Court existed in New-Hampshire; and though the general rule was that the law of England extended to the Colonies, yet it must be understood to mean, such part of the law as is adapted to the state and constitution of them. That though the Governor had resumed and regranted lands, yet there was no evidence that such re­sumptions had been made without proof or public notoriety, that the conditions of former grants had not been complied with; and that no complaint had been made by any person supposed to be injured. That it had not been proved that resump­tions had been made without notice to the proprietors; and it had not even been sug­gested, in cases where time had been al­lowed, that grants were resumed before the expiration of it. That the lands granted to the late Governor were granted in the name of the King, which was suffi­cient [Page 364] to convey a title; and that the Council was mistaken in thinking otherwise. That the Governor, by their advice, did resume and regrant several tracts of land which had been granted to the late Governor; but it had not been proved that the said lands were regranted in trust for himself; and in many instances such lands were regranted to different inhabitants for their own use and benefit; and that the late Governor's widow had not complained of any injury, by such resumption. That it appeared to have been the constant practice when any standing Justice of a Court was interested in a suit, for a special Justice to be ap­pointed; that other causes were depending at the same Inferior Court of Common Pleas, in which the standing Justices were interested, and there was no proof that special Justices were appointed on account of that particular cause in which the Gov­enor was concerned; but that the com­mission was solicited in the common form; and that the defendant himself had testified that he had no objection to the commission or to the special Justices. With respect to the transmission of the records of Council, it was their opinion that it might be proper to revive that practice, as it had been conducted previously to the [Page 365] year 1760. But upon the whole, they [...]ubmitted their judgment that there ‘was no foundation for any censure upon the said Governor, for any of the charges contained in the complaint, and that the general conduct of his administration had tended greatly to the peace and prosperity of the said Province.’

This report was approved by the King in Council,Oct [...]be [...] 8. and the complaint was dis­missed. But the Governor was strictly enjoined, to transmit to the Lords of Trade, authentic copies of the journals of of the Council, as a Council of State.

In this controversy Mr. Livius met with great support, from the interest of those who wished to displace the Gover­nor; and they became so deeply engaged to him, as to procure for him an appoint­ment to be the Chief Justice of New-Hampshire; but, upon more mature consideration, this was thought too likely to produce discord and confusion, and he obtained an appointment to a more lucra­tive office in the Province of Quebec.

When the final issue of the complaint was known in New-Hampshire, a general satisfaction appeared among the people. At the next session of the Assembly, the House of Representatives presented to the [Page 366] Governor, an adddress of congratulation, in the name of their constituents; and the citizens of Portsmouth gave a splendid ball, to which the Governor and both Houses of Assembly were invited.

Hitherto the Governor had preserved his popularity; and the people, in general, were satisfied with his administration. But, the obligation which lay on him to support the claims of Britain, and aid the plans of her ministry, rendered his situa­tion extremely delicate, and his populari­ty very precarious. The controversy be­tween Britain and the Colonies was draw­ing to a crisis. By the reservation of the duty on tea, the Parliament insisted on it as their right, to tax their American bre­thren without their consent; and the A­mericans, by withholding the importation of tea from Britain, made use of the only peaceable mode, in their power, effectual­ly to oppose that claim. The revenue failed, and the warehouses of the East India company were filled with an unsaleable commodity. The ministry and the com­pany, thus severely disappointed, formed a plan, by which it was expected, that the one would enforce their claim, and the other secure their traffic.

[Page 367]It was therefore enacted in Parliament, that the duty on the exportation of tea, from Britain, should be taken off; and the East India company be enabled to send tea, on their own account, to America, subject to a duty only of three pence on the pound; by which means it would come to us, cheaper than before, or than it could be procured by illicit trade.

This measure caused a general alarm, through the Colonies; and united the interest of the merchants, with the views of the politicians, and the general sense of liberty in the people. The trading towns set the example, which the others follow­ed, of passing resolves, not to permit tea, freighted by the East India company, to be landed or sold. These resolutions were effectual. In some places the con­signees were obliged to relinquish their appointments, and the tea was returned unladen. In other places it was deposit­ed in stores, till it could be reshipped. In Boston, where the obstinacy of Governor Hutchinson drove the people to despera­tion, it was destroyed. In New-Hampshire, the prudence of Governor Went­worth, the vigilance of the magistrates and the firmness of the people were com­bined, and the hateful commodity wa [...] [Page 368] sent away without any damage, and with but little tumult.

The first cargo of tea, consisting of twenty-seven chests,1774. was landed and stor­ed at the custom house, [...]une 25. before any people could assemble to obstruct it. A town meeting was called, and a proposal was made to Mr. Parry, the consignee, to re­ship it: To this he consented. A guard was appointed by order of the town, to watch the custom house. The tea having been entered, it was necessary that the duty should be paid; which was done openly, by the consignee. The Gover­nor convened the Council, and kept the magistrates and peace officers in readiness to suppress any riotous appearances; but there was no need of their exertion. The tea was peaceably reshipped and sent to Halifax.

A second cargo, of thirty chests, which came consigned to the same person,Se [...]t. 8. rais­ed a small ferment; and the windows of his lodgings were broken. He applied to the Governor for protection. The Gov­ernor, as before, summoned the Council and magistrates. The town, by their committee, prevailed on the consignee to send the tea to Ha [...]fax, after having paid the duty, without which the ship could not legally be cleared at the custom house.

[Page 369]A general detestation of the measures, [...]ursued by the British ministry, to rivet [...]he chains on America, universally pre­ [...]ailed. The towns had severally passed [...]solves, asserting their right of exemption [...]om all taxation by Parliament; con­ [...]emning the importation and use of tea; [...] appointing committees of inspection [...] carry their resolutions into effect. The [...]mmittees were vigilant; and being aid­ [...] by the general sentiment of the people, [...]heir exertions were successful.

The controversy had now advanced, to [...] stage, which excited the most serious ap­ [...]rehensions. The Parliament had assum­ [...] judicial, as well as legislative powers; [...] directed their vengeance against Bos­ [...]on. Its port was shut, and guarded by [...]ips of war; its commerce was interdict­ [...]; its tradesmen were without employ­ [...]ent; and its poor without bread. A military Governor presided there, and was [...]awing together all the British troops [...]om every part of America; that he might be prepared, to make any sanguinary ex­periment, which, in the ministerial plan [...] coercion, might be judged necessary.

The sympathy of their American bre­ [...]ren, raised contributions, for the relief [...]f the numerous poor in Boston, who [Page 370] were regarded as suffering in the common cause. But, to guard ourselves effectual­ly against the gathering storm, a union of the Colonies was thought absolutely neces­sary; and recourse was had to the same measure which had formerly been tried in cases of common danger, to hold a CONGRESS of delegates from each Col­ony.

The enemies of America have uniformly censured this measure as unprecedented, illegal and dangerous. That it was dan­gerous to the designs of the British ad­ministration, is admitted; but for that reason, it was to us the means of safety. Though it was not supported by any written law, yet it was evidently founded on self preservation, the first law of nature. But that it was unprecedented, is a very great mistake. From the middle of the preceding century, the united Colonies of New-England, held annual, or semiannu­al meetings of Commissioners, on their common concerns, for above forty years. From the reign of Queen Anne, to that of George the second, Governors, and delegates from Councils and Assemblies▪ occasionally met in central places, to hold conferences relative to the operations of [Page 371] war, or treaties with the Indian tribes.^* These meetings, usually called by the name of CONGRESSES, though unknown, or disregarded in Britain, were familiar to the people of America; and what could be a more natural or obvious step, in a time of common danger, than to assemble by deputies, and confer on the means of safety? Precedents were numerous, that Governors and delegates had held these Assemblies, when their interests were u­nited; what then should hinder the peo­ple from following the example, when their interest required them to meet, with­out their Governors, who were endeavor­ [...]ng to maintain a separate interest?

At the meeting of the Assembly of New-Hampshire, in the spring,May 10. the House of Representatives, conformably to the proceedings of the Assemblies in the oth­ [...] Colonies, appointed a committee of correspondence. The Governor, who [...]ad in vain labored to prevent this meas­ [...]re, adjourned the Assembly,June [...]. and after a [Page 372] few days, dissolved it; hoping, by this means, to dissolve the committee also. But they were not restricted by forms. On a summons issued by the committee, the Representatives met again, in their own chamber. The Governor, attended by the Sheriff of the county,J [...]ly 6. went among them. They rose at his entrance. He declared their meeting illegal, and direct­ed the Sheriff to make open proclamation, for all persons to disperse, and keep the King's peace. When he had retired they resumed their seats; but, on further con­sideration, adjourned to another house; and after some convers [...]tion, wrote letters to all the towns in the Province; request­ing them to send deputies, to hold a Con­vention at Exeter, who should choose del­egates for a general Congress; and to pay their respective quotas of two hundred pounds, agreeably to the last proportion of the Provincial tax. They also recom­mended a day of fasting and prayer, to be observed by the several congregations, on account of the gloomy appearance of public affairs. The day was observed, with re­ligious solemnity. The money was col­lected.Ju [...]y [...]4. Eighty-five duputies were chosen and met at Exeter, where they delegated Nathaniel Folsom and John Sullivan,J [...]ly 21. [Page 373] Esquires, to attend the proposed Congress, at Philadelphia, in September, and deliv­ered to them the money which had been collected, to defray their expenses. They also recommended the distressed state of Boston, to the commiseration of their brethren in New-Hampshire; and con­tributions were raised in many of the towns for their relief.

The Governor was now convinced, and in his letters to the ministry acknowledged, [...] that ‘the union of the Colonies would not be lost in New-Hampshire.’ At the same time, he did the people the jus­tice to say, that they had abstained from [...]iolence and outrage, and that the laws [...]ad their course. In his letters which were published by the ministry, there ap­pears a spirit of candor toward the peopl [...] ▪ as well as a desire to recommend himself to the approbation of his superiors. Though he saw another authority rising in the Province, founded on the broad basis of public opinion, and unrestrained representation, an authority over which he had no influence or control▪ yet he endeavored to preserve the shadow of the royal government, and keep up its forms as long as possible.

But it was impracticable for a person, circumstanced as he was, to withstand the [Page 374] spirit of the people.^* That his wish was to prevent a rupture, there is sufficient evidence, for candor to believe. But it cannot be thought strange, that in his endeavors to comply with the expecta­tions of the ministry, and their instru­ments, which he conceived to be his du­ty, he should fall into such a snare, as to [...] the affe [...]tions of the people; for it wa [...] impossible to please both.

The troops in Boston wanted barracks, to secure them against the approaching winter. The artificers of the town, were, by the popular voice, restrained from working in the service of government. General Gage was therefore obliged to send for assistance to the neighboring Governors, and, among others, to Gover­nor Wentworth. Instead of convening his Council for their advice, or issuing a proclamation, inviting help and promis­ing reward, he privately employed a per­son to hire carpenters to go to Boston. It was impossible that the secret should be kept, and when it was known, his best [Page 375] friends reprobated his conduct. The Committee of Portsmouth, at the head of which, was his uncle, Hunking Went­worth, bore their public testimony against it; and censured him, not by name, but by implication, as 'an enemy to the com­munity,' and the men whom he had em­ployed, as 'unworthy of society.' The agent in this secret business, was brought on his knees before the committee of Rochester, and made an humble acknowl­edgment. This prudent step of the com­mittee, disarmed the popular rage, and prevented any injury to his person or property.

The transactions of the Congress which met at Philadelphia,Sept. [...]. were universally ap­proved. The spirit of them was firm▪ but pacific. The mode of opposition, to the arbitrary claims of Britain, which they recommended, was non-importation and non-consumption. But in the close of their address, to their constituents▪ they advised them to ‘extend their views to the most unhappy events, and to be in all respects prepared for every contin­gency.’ Not long after this advice was made public, a contingency presented it­self, in which the people of New-Hamp­shire gave an example of that spirit, by which the whole country was animated.

[Page 376]An order having been passed by the King in Council, prohibiting the export­ation of gunpowder and other military stores, to America; a copy of it was brought by express to Portsmouth,Dec 13. at a time, when a ship of war was daily ex­pected from Boston, with a party of troops, to take possession of fort William and Mary, at the entrance of the harbour. The committee of the town, with all pos­sible secresy and dispatch, collected a com­pany, from that and some of the neigh­boring towns; and before the Governor had any suspicion of their intentions, they proceeded to Newcastle, and assaulted the fort. The Captain and his five men (which was the whole garrison) were confined, and one hundred barrels of powder were carried off. The next day, another company went and removed fif­teen of the lightest cannon, and all the small arms, with some other warlike stores; which they distributed in the sev­eral towns, under the care of the commit­tees. Major John Sullivan, and Captain John Langdon, distinguished themselves, as leaders in this affair. It was transact­ed with great expedition and alacrity, and in the most fortunate point of time; just before the arrival of the Scarborough [Page 377] [...]rigate, and Cans [...]au sloop, with several companies of soldiers; who took posses­sion of the fort, and of the heavy cannon which had not been removed.

The Governor put the five men, who belonged to the fort, on board the ships of war, to be reserved as evidences in case of a prosecution of the offenders for high treason; and having consulted Council in this and the neighbouring Province, thought it his duty; that he might pre­vent any charge of misprision of treason against himself; to dismiss from public trust, all those persons concerned in the assault of the fort, who had held any of­ [...]ice under the government, and concern­ing whose proceedings he had authentic testimony. He also issued a proclamation, commanding all officers, civil and military, to assist in detecting and securing the of­fenders; and exhorting all the people to beware of being seduced, by the false arts and menaces of abandoned men.

It was thought proper by the Governor and some of his friends, to form an asso­ciation, for the support of the royal gov­ernment, and for their mutual defence. They boasted, that an hundred men could be procured, from the ships, at a minute's warning. This transaction exposed the [Page 378] weakness of the cause, which they meant to support;1775. for what could an hundred men do against the whole country?

J [...]. [...]5.A second convention of deputies met at Exeter, to consult on the state of affairs, and appoint delegates for the next general Congress, to be holden on the tenth of May, at Philadelphia. Major Sullivan and Captain Langdon were chosen; and the sum of two hundred and fifty pounds, was orde [...]d to defray their expenses. This convention issued an address to the people, warning them of their danger; ex­horting them to union, peace and harmo­ny, frugality, industry, manufactures, and learning the military art▪ that they might be able, if necessary, to defend the coun­try against invasi [...]n. They appointed a committee of correspondence, with power to call another convention, when they should judge it necessary.

The winter passed away in gloomy ap­prehension and anxiety. Men of consid­eration saw that a wide breach was made, and that it could not easily be closed. Some happy geniu [...] was wanted to plan, and wisdom on both sides to adopt, a con­stitution for Britain and America. Royal charters and instructions, acts of Parlia­ments and precedents of all kinds, were at [Page 379] best but a rotten foundation. The store of temporary expedi [...]nts was exhausted. It was doubtful whether force could gen­erate submission, or whether resistance could enervate force. Neither country was sensible of the strength and resources of the other. The press teemed with ar­guments on both sides; but no plan of conciliation was adopted. A fair and can­did representation of our grievances could not be received, in the Court of Britain. Each side was tenacious of its claims, and there appeared no disposition to relax. When two independent nations are in such a state, they generally find among their friends and allies, some mediating power, to bring them to terms and prevent a rup­ture. Between Britain and America, no mediator could be found. The contro­versy could be decided only by the supreme Arbiter of nations.

The first ships, which arrived in the spring, brought us news that the petition of Congress was graciously received by the King; and that the merchants of England were petitioning in our favor. This re­vived our hopes. Soon after we were in­formed, that the Parliament had voted the existence of a rebellion in Massachusetts; and that the other Colonies were aiding [Page 380] and assisting: That the Lords and Com­mons had addressed the King, to enforce the revenue-acts, and had assured him, that they would stand by him, with their lives and fortunes: That the King had de­manded an augmentation of his forces, by sea and land: That the commerce of the New-England Colonies was to be re­strained, and their fishery prohibited; and that an additional number of troops, horse and foot, were ordered to America. These tidings threw us into distress. A war seemed inevitable; and a gloom overspread the whole country. The people of Boston began to remove from the town; and those, who could not remove, were solicit­ous to secure their most valuable effects. In the midst of this distress, a frigate ar­rived express from England; [...] 14. with an ac­count of a proposal made and voted in Parliament, which was called Lord North's conciliatory proposition. It was this; ‘that when any Colony by their Gover­nor, Council and Assembly, shall engage to make provision, for the support of civil government, and administration of justice, in such Colony; it will be proper, if such proposal be approved by the King and Parliament, for so long time as such provision shall be made, to forbear to [Page 381] levy any duties or taxes in such Colony, except for the regulation of commerce; the [...]eat proceeds of which shall be car­ried to the account of such Colony res­pectively.’ The troops, however, were [...]o remain; and the refractory Colonies were to be punished. This proposition [...]as said to be founded on some advice, re­ceived from New-York, that if concessions [...]ere made by Parliament, they would [...]ensure the proceedings of Congress, and break the union of the Colonies. The proposal was evidently a bait thrown out [...]o divide us, and tempt us to desert the Colony of Massachusetts; who could not [...]omply, without submitting to the altera­tion, lately made by Parliament in their [...]harter.

What might have been the effect of this proposition in the other Colonies, if it [...]ad been allowed time to operate, is un­ [...]ertain. The conduct of General Gage, [...]n receiving this news, was in the highest degree absurd and inconsistent. He had been blamed in Parliament for his inactiv­ity. He had friends in Boston, who con­stantly assured him, that the people in the country would not dare to face his troops. He had been informed of a magazine of provisions and stores, at Concord, laid up [Page 382] by the Provincial Congress, in case of ex­tremity. With the news of the concilia­tory proposition, he received orders to make an experiment of its success. On the eighteenth day of April,April 18 he issued writs for calling a general Assembly, to comply with the proposed terms of reconciliation; and in the night following, he privately dispatched a body of his troops, to destroy the magazine at Concord; and to seize some of the leaders of opposition, who had retired from the town. He was induced to believe, that if between the issuing of his writs, and the meeting of the Assem­bly, he could strike a bold stroke; it would so intimidate the people, and unfit them for defence, that they would easily comply with the terms proposed. But he totally mistook the genius of the people of New-England. Nor were his designs carried on so secretly as he imagined. The popu­lar leaders were seasonably apprised of their danger, and kept themselves out of his reach. The country was alarmed, by expresses sent off in the night, before he had taken the precaution to shut the ave­nues of the town. A company of armed citizens kept guard at Lexington, on the road to Concord. The British troops, when they appeared in the morning, hav­ing [Page 383] ordered them to disperse, fired upon them, as they were retiring, and killed [...]everal on the spot.April 19. They then proceeded [...] Concord, and destroyed such of the [...]tores as had not been removed; and hav­ing accomplished their object, as far as they were able, they retreated through [...]howers of musquetry from the people, [...]ho suddenly collected from all quarters [...]o oppose them.

On the alarm of this act of hostility, the people of New-Hampshire, and of the other Colonies, took arms, and flew to the assistance of their brethren.

Notwithstanding this ill-advised and unsuccessful attempt of Gage, Governor Wentworth had very sanguine hopes of the good effect of the 'conciliatory propo­sition;' and determined, as he said, ‘to plant the root of peace in New-Hampshire.’ He summoned a new Assembly; and in his speech, entreated them, as ‘the only legal and constitutional Representatives of the people,May [...]. to direct their counsels to such measures, as might tend to secure their peace and safety; and effectually lead to a restoration of the public tran­quillity; and an affectionate reconcilia­tion with the mother country.’ The House desired a short recess, that they [Page 384] might advise with their constituents on so momentous a question; and the Governor reluctantly consented to adjourn them to the twelfth day of June.

In the mean time, the officers and men of the Scarborough began to dismantle the fort; they also stopped two vessels la­den with provisions, which were coming into the harbor; and notwithstanding the most pressing remonstrances of the inhabitants, and solicitation of the Gover­nor, refused to release them. Upon this, a body of armed men, went to a battery on Jerry's point, at Great Island, and took away eight cannon of twenty-four and thirty-two pound shot,May 26. which they brought up to Portsmouth; and whilst they were engaged in this work, the Canseau sloop convoyed the two provision vessels to Bos­ton, for the supply of the fleet and army.

A new convention was at this time sit­ing at Exeter; in which the Province was more fully and equally represented, than it ever had been before. They pas­sed votes of thanks to those who had ta­ken the powder and guns from the fort, in the preceding winter, and to those who had removed the cannon from the battery. They also instructed the Representatives, how to act at the next meeting of the As­sembly; [Page 385] and the voice of the conven­ [...]on was regarded by the House, as the [...]oice of their constituents.

At the adjournment,June 12. the Governor [...]gain recommended 'the conciliatory proposition.' The first step which the House took, was in obedience to the [...]ice of the convention, to expel three members [...]hom the Governor had called by the King's writ, from three new townships; whilst many other towns, of much older standing, and more populous, were neg­lected, and never enjoyed the privilege of representation, but in the newly-establish­ed conventions. The Governo [...] then ad­ [...]ourned the Assembly to the elevent [...] of July. One of the expelled mem [...]ers, having spoken his mind freely with­out doors, was assaulted by the popu­lace, and took shelter in the Governor's house. The people demanded him, and brought a gun, mounted on a carriag [...] to the door; upon which the offender was delivered up, and conveyed to Exeter. The Governor, conceiving himself insult­ed, retired to the fort; and his hous [...] be­came a scene of pillage.

When the Assembly met again,July 11. he sent a message from the fort, and adjou [...]ned them to the twenty-eighth of Septem [...]er; [Page 386] but they never met any more. He con­tinued under the protection of the Scar­borough, and another ship of war, till all the remaining cannon of the fort were taken on board,Aug. 24. and then sailed for Bos­ton. In September he came to the Isles of Shoals, and there issued a proclamation, adjourning the Assembly to the next A­pril. This was the last act of his admin­istration, and the last time that he set his foot in the Province. Thus an end was put to the British Government in New-Hampshire, when it had subsisted ninety-five years.

From this view of the administration of Governor Wentworth, it is easy to con­clude, that his intentions were pacific; and whilst the temper of the times allow­ed him to act agreeably to his own princi­ples, his government was acceptable and beneficial; but when matters had come to the worst, his faults were as few, and his conduct as temperate, as could be expected from a servant of the Crown. If a com­parison be drawn, between him and most of the other Governors on this continent, at the beginning of the revolution, he must appear to advantage. Instead of widen­ing the breach, he endeavored to close it; and when his efforts failed, he retired from [Page 387] [...] situation, where he could no longer ex­ [...]cise the office of a Governor; leaving [...]is estate and many of his friends; and [...]eserving only his commission, as surveyor of the King's woods; the limits of which [...]ere much contracted by the succeeding [...]volution.

1775.WHEN the controversy with Britain shewed symptoms of hostility, and the design of the Ministry and Parliament to provoke us to arms became apparent; the people of New-Hampshire began seriously to meditate the defence of their country. It was uncertain in what man­ner the scene would open; for this and other reasons no regular plan of opera­tions could be formed. By the old mili­tia law, every male inhabitant, from six­teen years old to sixty, was obliged to be provided with a musket and bayonet, knap­sack, cartridge-box, one pound of powder, twenty bullets and twelve flints. Every town was obliged to keep in readiness one barrel of powder, two hundred pounds of lead and three hundred flints, for every sixty men; beside a quantity of arms and ammunition for the supply of such as were not able to provide themselves with the [Page 389] necessary articles. Even those persons who were exempted from appearing at the common military trainings, were obliged to keep the same arms and ammunition. In a time of peace, these requisitions were neglected, and the people in general were not completely furnished, nor the towns supplied according to law. The care which the Governor had taken to appoint officers of militia and review the regiments, for some years before, had awakened their at­tention to the duties of the parade; which were performed with renewed ardor, after the provincial convention had recommend­ed the learning of military exercises and manoeuvres. Voluntary associations were [...]ormed for this purpose, and the most ex­perienced persons were chosen to com­mand on these occasions. To prevent [...]alse rumors and confusion, the commit­ [...]ees of inspection in each town were also committees of correspondence, by whom all intelligence concerning the motions of the British, were to be communicated; and proper persons were retained to carry expresses wh [...]n there should be occasion.

In this state of anxiety and expectation; when an early spring had invited the hus­bandman to the labor of the field;April 19. Gene­ral Gage thought it proper to open the [Page 390] drama of war. The alarm was immedi­ately communicated from town to town through the whole country, and volun­teers flocked from all parts; till a body of ten thousand men assembled in the neigh­borhood of Boston, completely invested it on the land side, and cut off all commu­nication with the country.

On the first alarm, about twelve hun­dred men marched from the nearest parts of New-Hampshire, to join their brethren, who had assembled in arms about Boston. Of these, some returned; others formed themselves into two regiments, under the authority of the Massachusetts Conven­tion.May 17. As soon as the Provincial Con­gress of New-Hampshire met, they vot­ed to raise two thousand men, to be formed into three regiments; those which were already there to be accounted as two, and another to be inlisted immediately. These men engaged to serve till the last day of December, unless sooner discharg­ed. The command of these regiments was given to the Colonels John Stark, James Reed and Enoch Poor. The two former were present in the memorable battle on the heights of Charlestown,June 17. being posted on the left wing, behind a fence; from which they sorely galled the British as [Page 391] [...]ey advanced to the attack, and cut them [...]own by whole ranks at once. In their retreat they lost several men, and among others, the brave Major Andrew McClary, who was killed by a cannon shot after he had passed the isthmus of Charlestown. On the alarm occasioned by this battle, the third regiment collected and marched [...] the camp;June 2 [...]. and with the other New-Hampshire troops was posted on the left [...]ing of the army at Winter-Hill, under [...]e immediate command of Brigadier Ge­neral Sullivan, who with the other general officers, received his appointment from Congress.

It had been a common sentiment among the British troops, that the Americans would not dare to fight with them. This battle effectually convinced them of their mistake. They found that fighting with [...]s was a serious thing; and the loss which they sustained in this battle, evidently had an influence on their subsequent opera­tions.

Whilst the Scarborough frigate remain­ed in the harbour of Piscataqua, frequent bickerings happened between her crew and the inhabitants. Captain Berkeley [...]eized all inward bound vessels, and sent them to Boston. He also prevented the [Page 392] boats belonging to the river from going out to catch fish. This conduct was con­formable to the orders which he had re­ceived to execute the restraining act. In return, his boats were not permitted to fetch provisions from the town; and one of them was fired upon in the night, by some of the guards stationed on the shore. A compromise, at length, was made be­tween him and the committee of the town; open boats were permitted to pass, to catch fish for the inhabitants; and his boats were allowed to take fresh provisions for the use of the ship. This agreement sub­sisted but a short time, and finally all in­tercourse was cut off.

After the departure of the ship, the peo­ple went in volunteer parties,August 24. under the direction of Major Ezekiel Worthen, whom the convention appointed Engineer, and built forts on the points of two islands, which form a narrow channel, about a mile below the town of Ports­mouth. One of these was called Fort Washington, and the other Fort Sullivan. The cannon which had been saved from the old fort and battery were mounted here, and the town was thought to be se­cure from being surprised by ships of war.

[Page 393]The tenth of September was the last day of exportation fixed by the general Congress.Sept. 10. Most of the vessels which sail­ed out of the harbor were seized by the British cruisers and carried into Boston. One was retaken by a priva [...]eer of Beverly and carried into Cape-Anne.

In the following month, several British [...]rmed vessels were sent to burn the town of Falmouth; which was in part effected,Oct. 18. by throwing carcases and sending a party on shore, under cover of their guns. It was suspected that they had the same de­sign against Portsmouth. General Wash­ington dispatched Brigadier General Sul­livan from the camp at Cambridge, with orders to take the command of the militia and defend the harbour of Pascataqua. On this occasion, the works erected on the islands were strengthened; a boom, con­structed with masts and chains, was thrown across the Narrows, which was several times broken by the rapidity of the current, until it was found impossible to secure the passage by such means; an old ship was scuttled and sunk in the northern channel of the river; a company of rifle-men, from the camp, was posted on Great-Island; and fire-rafts were con­structed to burn the enemy's shipping. [Page 394] These preparations served to keep up the spirits of the people; but many families, not thinking themselves safe in Ports­mouth, removed into the country, and there remained till the next spring.

A spirit of violent resentment was ex­cited against all who were suspected of a disposition inimical to the American cause. Some persons were taken up on suspicion and imprisoned; some fled to Nova-Scotia, or to England, or joined the British army in Boston. Others were restricted to cer­tain limits and their motions continually watched. The passions of jealousy, hatred and revenge were freely indulged, and the tongue of slander was under no re­straint. Wise and good men secretly la­mented these excesses; but no effectual remedy could be administered. All com­missions under the former authority being annulled, the courts of justice were shut, and the sword of magistracy was sheathed. The Provincial Convention directed the general affairs of the war; and town com­mittees had a discretionary, but undefined power to preserve domestic peace. Habits of decency, family government, and the good examples of influential persons, contribut­ed more to maintain order than any other authority. The value of these secret bonds [Page 395] of society was now more than ever con­spicuous.

In the convention which met at Exeter, in May,MS Rec­ords o [...] con­vention. and continued sitting with but little interruption [...] November, one hundred and two towns were represented, by one hundred and thirty-three members. Their first care was to establish post offi­ces; to appoint a committee of supplies for the army, and a committee of safety. To this last committee, the general in­struction was similar to that, given by the Romans, to their Dictators, ‘to take un­der consideration, all matters in which the welfare of the Province, in the secu­rity of their rights, is concerned; and to take the utmost care, that the public sustain no damage.^*’ Particular instruc­tions were given to them, from time to time, as occasion required. They were considered as the supreme executive; and during the recess of the convention, their orders and recommendations had the same effect as the acts and resolves of that whole body.

By an order of the convention, the for­mer Secretary, Theodore Atkinson, Esq. delivered up the Province records, to a committee which was sent to receive them, [Page 396] and Ebenezer Thompson, Esq. was ap­pointed in his place. The records of deeds, and of the probate office, for the county of Rockingham, were also remov­ed to Exeter, as a place of greater safety than Portsmouth. The former Treasur­er, George Jaffrey, Esq. was applied to for the public money in his hands, which, to the amount of one thousand five hun­dred and sixteen pounds four shillings and eight pence, he delivered; and Nicholas Gilman, Esq. was appointed Treasurer in his room.

During this year, three emissions of pa­per bills were made. The first, of ten thousand and fifty pounds; the second, of ten thousand pounds; and the third, of twenty thousand pounds. For the amount of those sums, the Treasurer gave his ob­ligation in small notes, which passed for a time, as current money, equal in value to silver and gold. But as emissions were multiplied, as the redemption of the bills was put off to distant periods, and the bills themselves were counterfeited, it was impossible for them long to hold their value.

Beside the three regiments which made part of the American army at Cambridge, [Page 397] a company of artillery was raised to do duty at the forts. A company of rangers was posted on Connecticut river; and two companies more were appointed, to be ready to march wherever the commit­tee of safety should direct. The whole militia was divided into twelve regiments; the field officers were appointed by the convention, and the inferior officers were chosen by the companies. Out of the militia were insisted four regiments of minute-men, so called, because they were to be ready at a minute's warning. They were constantly trained to military duty, and when called to service, were allowed the same pay as the regiments in the con­tinental army. In the succeeding winter, when the Connecticut forces had with­drawn from the camp, because their time of service was expired, sixteen companies of the New-Hampshire militia, of sixty-one men each, supplied their place, till the British troops evacuated Boston.

The convention having been appoint­ed for six months only; before the expira­tion of that time, applied to the general Congress for their advice, respecting some mode of government for the future. In answer to which, the Congress recom­mended [Page 398] to them, ‘to call a full and free representation of the people; that these Representatives,Nov. 3. if they should think it necessary, might establish such a form of government, as, in their judgment, would best conduce to the happiness of the people, and most effectually tend to se­cure peace and good order in the Prov­ince, during the continuance of the dis­pute between Great-Britain and the Col­onies.’ On receiving this advice, the convention took into their consideration the mode in which a full and free repre­sentation should be called;Nov. 14. and finally agreed, that each elector should possess a real estate of twenty pounds value, and every candidate for election, one of three hundred pounds; that every town, con­sisting of one hundred families, should send one Representative, and one more for every hundred families; and that those towns which contained a less number than one hundred should be classed. They had before ordered a survey to be made of the number of people in the sev­eral counties; and having obtained it, they determined, that the number of Representatives to the next convention, should bear the following proportion to the number of people, viz.

These Representatives were to be empow­ered, by their constituents, to assume gov­ernment as recommended by the general Congress, and to continue for one whole year from the time of such assumption. The wages of the members were to be paid by the several towns, and their travelling ex­penses out of the public treasury. Hav­ing formed this plan, and sent copies of it to the several towns, the convention dissolved.Nov. 16.

This convention was composed chiefly of men who knew nothing of the theory of government, and had never before been concerned in public business. In the short term of six months, they acquired so much knowledge by experience, as to be convinced, that it was improper for a le­gislative Assembly to consist of one House only. As soon as the new convention came together, they drew up a temporary form of government; and,Dec. 21. agreeably to the trust reposed in them by their constit­uents, [Page 400] having assumed the name and au­thority of a House of Representatives,1776. they proceeded to choose twelve persons,Jan. 5. to be a distinct branch of the legislature, by the name of a Council. Of these, five were chosen from the county of Rocking­ham, two from Strafford, two from Hills­borough, two from Cheshire and one from Grafton. These were empowered to elect their own President, and any seven of them were to be a quorum. It was or­dained, that no act or resolve should be valid, unless passed by both branches of the legislature; that all money bills should originate in the House of Representatives; that neither House should adjourn for more than two days, without the consent of the other; that a Secretary, and all oth­er public officers of the Colony, and of each County, for the current year, all general and field officers of militia, and all officers of the marching regiments, should be appointed by the two Houses; all sub­ordinate militia officers by their respective companies; that the present Assembly should subsist one year, and if the dispute with Britain should continue longer, and the general Congress should give no di­rections to the contrary, that precepts should be issued annually to the several [Page 401] towns on or before the first day of No­vember for the choice of Counsellors and Representatives, to be returned by the third Wednesday in December.

In this hasty production, there were [...]ome material defects. One was the want of an executive branch of government. To remedy this, the two Houses, during their session, performed executive as well as legislative duty; and at every adjourn­ment appointed a committee of safety, to fit in the recess, with the same powers, as [...]ad been given in the preceding year, by the convention. The number of this committee varied from six to sixteen. The President of the Council was also President of this executive Committee. The person [...]hosen to fill this chair was an old, tried, faithful servant of the public, the honora­ble MESHECH WEARE, Esq. who was also appointed Chief Justice of the Superior Court. So great was the confidence of the people in this gentleman, that they scrupled not to invest him, at the same time, with the highest offices, legislative, executive, and judicial; in which he was continued by annual elections during the whole war.

This constitution was prefaced with sev­eral reasons for adopting government, viz. [Page 402] That the British Parliament had, by ma­ny grievous and oppressive acts, deprived us of our native rights; to enforce obe­dience of our native rights; to enforce obe­dience to which acts, the ministry of that kingdom had sent a powerful fleet and army into this country, and had wanton­ly and cruelly abused their power, in destroying our lives and property; that the sudden and abrupt departure of our late Governor, had left us destitute of le­gislation; that no judicial Courts were open to punish offenders; and that the continental Congress had recommended the adoption of a form of government. Upon these grounds the convention made a declaration in these words, ‘We con­ceive ourselves reduced to the necessity of establishing a form of government, to continue during the present unhappy and unnatural contest with Great Brit­ain; protesting and declaring, that we never sought to throw off our depen­dence on Great-Britain; but felt our­selves happy under her protection, whilst we could enjoy our constitutional rights and privileges; and that we shall re­joice, if such a reconciliation between us and our parent State can be effected, as shall be approved by the continental Congress, in whose prudence and wisdom we confide.’

[Page 403]Such was the language, and such were the sentiments of the people at that time; and had the British government, on the removal of their troops from Boston, [...]reated with us, in answer to our last pe­ [...]ition, upon the principle of reconciliation; and restored us to the state in which we were before the stamp-act was made, they might even then, have preserved their connexion with us. But in the course of [...] few months, we not only found our pe­ [...]itions disregarded, and our professions of [...]ttachment to the parent state treated as [...]ypocritical; but their hostile intentions [...]ecame so apparent, and our situation was [...]o singular, that there could be no hope [...]f safety for us, without dissolving our connexion with them, and assuming that equal rank among the powers of the earth [...]or which nature had destined us, and to which the voice of reason and Providence [...]oudly called us. Britain had engaged foreign mercenaries to assist in subjugating [...]s; justice required that we should in our [...]urn court foreign aid; but this could not be had, whilst we acknowledged ourselves [...]ubjects of that Crown against whose pow­ [...] we were struggling. The exertions which we had made, and the blood which we had shed, were deemed too great a price [Page 404] for reconciliation to a power which still claimed the right ‘to bind us in all cases whatsoever,’ and which held out to us unconditional submission, as the only terms on which we were to expect even a pardon. Subjection to a Prince who had thrown us out of his protection; who had ruined our commerce, destroyed our cities and spilled our blood; and who would not govern us at all, without the interposition of a legislative body, in whose election we had no voice, was an idea too absurd to be any longer entertained. These senti­ments, being set in their just light by vari­ous publications and addresses, had such force as to produce a total change of the public opinion. Independence became the general voice of the same people, who but a few months before had petitioned for reconciliation. When this could not be had, but on terms disgraceful to the cause which we had undertaken to support, we were driven to that as our only refuge. The minds of the people at large in most of the Colonies being thus influenced, they called upon their delegates in Congress to execute the act which should sever us from foreign dominion, and put us into a situation to govern ourselves.^*

[Page 405]It ought ever to be remembered, that [...] declaration of our independence was [...]ade, at a point of time,July 4. when no royal Governor had even the shadow of au­ [...]ority in any of the Colonies; and when [...] British troops had any footing on this Continent. The country was then abso­ [...]tely our own. A formidable force was [...]deed collected on our coasts, ready to in­ [...]de us; and in the face of that armament his decisive step was taken. The decla­ [...]tion was received with joy by the Ame­ [...]can army then assembled at New-York. Within fourteen days it was published by [...]eat of drum in all the shire towns of New-Hampshire.July 1 [...]. It relieved us from a state [...] embarrassment. We then knew the [...]ound on which we stood, and from that [...]me every thing assumed a new appear­ [...]nce. The jargon of distinctions between [...]he limits of authority on the one side, [...]nd of liberty on the other, was done [...]way. The single question was, whether [...]e should be conquered Provinces,Observa­tions on the American Revolution p. 57, [...]. or free [...] independent States. On this question, [...]very person was able to form his own [...]udgment; and it was of such magnitude that no man could be at a loss to stake his life on its decision.

[Page 406]It is amusing to recollect, at this dis­tance of time, that one effect of indepen­dence was an aversion to every thing which bore the name and marks of royalty. Sign boards on which were painted the King's arms, or the crown and sceptre, or the portraits of any branches of the royal family, were pulled down or defaced. Pictures and escutcheons of the same kind in private houses were inverted or con­cealed. The names of streets, which had been called after a King or Queen were altered; and the half-pence, which bore the name of George III, were either refused in payment, or degraded to farthings. These last have not yet recovered their va­lue.

The new Assembly began their adminis­tration by establishing Judicial Courts, on the same system as before, excepting that the Court of Appeals, which had long been esteemed a grievance, was abolished, and all appeals to Great-Britain were prohibit­ed. Appeals from the Probate Courts, which formerly came before the Governor and Council, were transferred to the Su­perior Court, whose judgment was now made final. Encouragement was given to fit out armed vessels, and a maritime Court was established for the trial of captures by [Page 407] sea. A law was made to punish the coun­terfeiting of the paper bills of this and of the United States; and to make them ‘a tender for any money due by deed or simple contract.’ After the declaration of independence the style of Colony was changed for that of the STATE of New-Hampshire. A new law was enacted to regulate the militia. More paper bills were issued to pay the expenses of the war; and provision was made for drawing in some of the bills by taxes. Doubts had arisen, whether the former laws were in force; a special act was therefore passed, re­viving and re-enacting all the laws which were in force, at the time when govern­ment was assumed; as far as they were not repugnant to the new form, or to the in­dependence of the Colonies, or not actu­ally repealed.

The Congress having ordered several frigates to be built in different places;May 21. one of thirty-two guns, called the Raleigh, was launched at Portsmouth, in sixty days from the time when her keel was laid; but for want of guns and ammunition, and other necessaries, it was a long time before she was completely fitted for the sea. The making of salt-petre was en­couraged by a bounty; and many trials were made before it was produced in pu­rity. [Page 408] Powder mills were erected, and the manufacture of gunpowder was, after some time, established; but notwithstand­ing all our exertions, foreign supplies were necessary.

For the service of this year, two thou­sand men were raised, and formed into three regiments, under the same command­ers as in the former year. Three hun­dred men were posted at the forts in the harbour. Supplies of fire arms and am­munition were sent to the western parts of the State, and a regiment was raised in that quarter, under the command of Col. Timothy Bedel, to be ready to march in­to Canada.

The three regiments went with the ar­my under General Washington to New-York; and thence were ordered up the Hudson, and down the lakes into Canada, under the immediate command of Briga­dier General Sullivan. The design of this movement was to succour and reinforce the army, which had been sent, the pre­ceding year, against Quebec; and which was now retreating before a superior force, which had arrived from Britain, as early as the navigation of the St. Lawrence was opened. Our troops having met the re­treating army at the mouth of the Sorel, threw up some slight works round their [Page 409] camp. General Thomas, who had com­manded the army after the fall of the brave Montgomery, was dead of the small-pox. Arnold was engaged in stripping the merchants of Montreal, under pre­tence of supplying the army; and Thomp­son was taken prisoner in an unsuccessful attack on the village of Trois Rivieres. The command therefore devolved on Sul­livan, who, finding a retreat necessary, conducted it with great prudence. At this time the American troops, and in particular the regiments of New-Hampshire, had tak­en the infection of the small-pox. The sick were placed in batteaux, and with the cannon and stores, were drawn against the rapid current, by the strength of men on shore, or wading in the water; and so close was the pursuit of the enemy, that they could scarcely find time to kin­dle a fire to dress their victuals, or dry their clothes. At St. John's the pursuit ceased.July 1▪ On the arrival of our army at Ticonderoga, Sullivan, being superseded by Gates, returned to the main army at New-York. The troops in the northern department being reinforced by the mili­tia of the neighbouring States, fortified the posts of Ticonderoga and Mount Indepen­dence. Beside the small-pox, a dysentery [Page 410] and putrid fever raged among them; and it was computed, that of the New-Hamp­shire regiments, nearly one third part di­ed this year by sickness.

When the danger of an attack on Ti­conderoga for that season, was passed, the remaining part of the New-Hampshire troops marched by the way of the Mini­sinks▪ into Pennsylvania. There they join­ed General Washington, and assisted in the glorious capture of the Hessians at Trenton, and afterward in the battle of Princeton. Though worn down with fatigue, and almost destitute of clothing, in that inclement season,December [...] [...]anuary. they continued in the service six weeks after the term of their inlistment had expired; and two regiments of the militia which were sent to reinforce the army remained till March.

By this time the inconvenience of maintaining an army,1777. by annual inlist­ments and temporary levies, was severely felt, and generally reprobated; and the Congress, though slow in listening to re­monstrances on this head, were oblig­ed to adopt a more permanent estab­lishment. In recruiting the army for the next year, the officers were ap­pointed by Congress, during the war; and the men inlisted either for that term, or [Page 411] for three years. The commanders of the three regiments of New-Hampshire, were the Colonels Joseph Cilley, Nathan Hale and Alexander Scammell. These regi­ments were supplied with new French arms; and their rendezvous was at Ti­conderoga, under the immediate command of Brigadier General Poor. There they remained, till the approach of the British army under General Burgoyne,July 6. rendered it eligible to abandon that post. On the retreat, Col. Hale's battalion was order­ed to cover the rear of the invalids, by which means, he was seven miles behind the main body. The next morning he was attacked, by an advanced party of the enemy at Hubberton. In this engage­ment, Major Titcomb of the New-Hamp­shire troops, was wounded. Col. Hale, Captains Robertson, Carr, and Norris, Adjutant Elliot, and two other officers were taken prisoners, with about one hun­dred men. The main body of the army continued their retreat to Saratoga. On their way they had a skirmish with the enemy at Fort Anne, in which Captain Weare, son of the President, was mortally wounded, and died at Albany.

Immediately after the evacuation of Ti­conderoga, the committee of the New-Hampshire [Page 412] Grants (who had now formed themselves into a new State) wrote in the most pressing terms,July 8. Original letters in Eles. to the committee of safety at Exeter for assistance, and said that if none should be afforded to them, they should be obliged to retreat to the New-England States for safety. When the news of this affair reached New-Hamp­shire, the Assembly had finished their spring session and returned home. A summons from the committee brought them together again; [...]ly 17. and in a short session of three days only, they took the most effectual and de­cisive steps for the defence of the country. They formed the whole militia of the State into two Brigades; of the first they gave the command to William Whipple, and of the second to John Stark. They or­dered one fourth part of Stark's brigade, and one fourth of three regiments of the other brigade, to march immediately un­der his command, ‘to stop the progress of the enemy on our western frontiers.’ They ordered the militia officers, to take away arms, from all persons, who scrupled or refused to assist, in defending the coun­try; and appointed a day of fasting and prayer, which was observed with great so­lemnity.

[Page 413]The appointment of Stark, to this com­mand, with the same pay as a Brigadier in the Continental service, was peculiarly grateful to the people as well as to himself. In an arrangement of general officers, in the preceding year, a junior officer had been promoted, whilst he was neglect­ed. He had written on this subject to Congress, and his letters were laid on the table. He therefore quitted the army, and retired to his own estate. He was now by the unanimous voice of his fellow-citizens, invested with a separate command, and re­ceived orders to ‘repair to Charlestown on Connecticut river;MS copy of orders on file. there to consult with a committee of the New-Hamp­shire Grants, respecting his future opera­tions and the supply of his men with provisions; to take the command of the militia and march into the Grants; to act in conjunction with the troops of that new State, or any other of the States, or of the United States, or separately, as it should appear expedient to him; for the protection of the people and the annoy­ance of the enemy.’

In a few days he proceeded to Charles­town, and as fast as his men arrived, he sent them forward, to join the forces of the new State, under Col. Warner, who [Page 414] had taken post at Manchester, twenty miles northward of Bennington. Here Stark joined him,Aug. 7. and met with General Lincoln,MS copy of Lincoln [...] let [...]er▪ who had been sent from Stillwa­ter, by General Schuyler, commander of the northern department, to conduct the militia to the west side of Hudson's river. Stark informed him of his orders, and of the danger which the inhabitants of the Grants apprehended from the enemy, and from their disaffected neighbours; that he had consulted with the committee, and that it was the determination of the peo­ple, in case he should join the Continental army and leave them exposed, that they would retire to the east of Connecticut river; in which case New-Hampshire would be a frontier. He therefore deter­mined to remain on the flank of the ene­my, and to watch their motions. For this purpose he collected his force at Benning­ton,Aug. 9. and left Warner with his regiment at Manchester. A report of this determina­tion was transmitted to Congress, and the orders on which it was founded were by them disapproved; but the propriety of it was evinced by subsequent facts.

Aug. 9.General Burgoyne, with the main body of the British army lay at Fort Edward. Thence he detached Lieut. Col. Baum, with about fifteen hundred of his German [Page 415] troops, and one hundred Indians, to per­vade the Grants as far as Connecticut river, with a view to collect horses to mount the dragoons, and cattle,MS copy of Bur­goyne's or­ders. both for labour and provisions; and to return to the army with his booty. He was to persuade the people among whom he should pass, that his detachment was the advanced guard of the British army, which was marching to Boston. He was accompanied by Colonel Skeene, who was well acquainted with the country; and he was ordered to secure his camp by night.

The Indians, who preceded this de­tachment,Aug 13 [...] MS letters in the files. being discovered about twelve miles from Bennington; Stark detached Col. Greg, with two hundred men, to stop their march. In the evening of the same day, he was informed that a body of regu­lar troops, with a train of artillery, was in full march for Bennington.Aug. 14. The next morning he marched with his whole brig­ade, and some of the militia of the Grants, to support Greg, who found himself una­ble to withstand the superior number of the enemy. Having proceeded about four miles, he met Greg retreating, and the main body of the enemy pursuing, within half a mile of his rear. When they dis­covered Stark's column, they halted in an [Page 416] advantageous position; and he drew up his men on an eminence in open view; but could not bring them to an engagement. He then marched back, about a mile, and encamped; leaving a few men to skirmish with them; who killed thirty of the ene­my and two of the Indian chiefs. The next day was rainy. Stark kept his posi­tion,Aug. 15. and sent out parties to harrass the enemy. Many of the Indians took this opportunity to desert; because, as they said, 'the woods were full of yankees.'

On the following morning Stark was joined by a company of militia from the Grants,Aug. 16. and another from the county of Berkshire in Massachusetts. His whole force amounted to about sixteen hundred. He sent Col. Nichols, with two hundred and fifty men, to the rear of the enemy's left wing; and Col. Hendrick, with three hundred, to the rear of their right. He placed three hundred to oppose their front and draw their attention. Then sending Colonels Hubbard and Stickney, with two hundred to attack the right wing, and one hundred more to reinforce Nichols in the rear of their left, the attack began in that quarter precisely at three of the clock in the afternoon. It was immediately second­ed by the other detachments; and at the [Page 417] [...]ame time Stark himself advanced with the main body. The engagement lasted two hours; at the end of which he forced their breastworks, took two pieces of brass can­non and a number of prisoners; the rest retreated.

Just at this instant, he received intelli­gence that another body of the enemy was within two miles of him. This was a reinforcement for which Baum had sent, when he first knew the force which he was to oppose. It was commanded by Col. Breyman. Happily Warner's regi­ment from Manchester came up with them and stopped them. Stark rallied his men and renewed the action; it was warm and desperate; he used, with success, the can­non which he had taken; and at sunset obliged the enemy to retreat. He pursued them till night, and then halted, to pre­ [...]ent his own men from killing each other, in the dark. He took from the enemy two other pieces of cannon, with all their baggage, waggons and horses. Two hun­dred and twenty-six men were found dead on the field. Their commander, Baum, was taken and died of his wounds; beside whom, thirty-three officers, and above seven hundred privates, were made prison­ers. Of Stark's brigade four officers and [Page 418] ten privates were killed and forty-two were wounded.

In the account of this battle, which Stark sent to the committee of New-Hamp­shire,A [...]g. 18. he said, ‘our people behaved with the greatest spirit and bravery imagina­ble. Had every man been an Alexander, or a Charles of Sweden, they could not have behaved better.’ He was sensible of the advantage of keeping on the flank of the enemy's main body; and therefore sent for one thousand men to replace those whose time had expired; but intimated to the committee that he himself should re­turn with the brigade. They cordially thanked him ‘for the very essential service which he had done to the country,’ but earnestly pressed him to continue in the command; and sent him a reinforcement, ‘assuring the men that they were to serve under General Stark.’ This argument prevailed with the men to march, and with Stark to remain.

The prisoners taken in this battle were sent to Boston. The trophies were divid­ed between New-Hampshire and Massa­chusetts. But Congress heard of this vic­tory by accident. Having waited some time in expectation of letters, and none arriving▪ inquiry was made why Stark [Page 419] had not written to Congress? He answer­ed, that his correspondence with them was closed, as they had not attended to his last letters. They took the hint; and though they had but a few days before resolved, that the instructions which he had received were destructive of military subordination, and prejudicial to the common cause; yet they presented their thanks to him, and to the officers and troops under his com­mand, and promoted him to the rank of a Brigadier General, in the army of the United States.

This victory gave a severe check to the hopes of the enemy, and raised the spirits of the people after long depression. It whol­ly changed the face of affairs in the north­ern department. Instead of disappoint­ment and retreat, and the loss of men by hard labor and sickness; we now were convinced, not only that our militia could fight without being covered by intrench­ments; but that they were able, even with­out artillery, to cope with regular troops in their intrenchments. The success thus gained was regarded as a good omen of farther advantages. ‘Let us get them in­to the woods,’ was the language of the whole country. Burgoyne was daily put­ting his army into a more hazardous situ­ation; [Page 420] and we determined that no exertion should be wanting on our part to com­plete the ruin of his boasted enterprise. The northern army was reinforced by the militia of all the neighbouring States. Brigadier Whipple marched with a great part of his brigade; besides which, volun­teers in abundance from every part of New-Hampshire flew to the army under General Gates. Two desperate battles were fought, the one at Stillwater and the other at Saratoga; in both of which, the troops of New-Hampshire had a large share of the honor due to the American army. In the former action, two Lieuten­ant Colonels, Adams and Colburne, and Lieutenant Thomas, were slain in the field; and several other brave officers were wounded, one of whom, Captain Bell, died in the hospital. In the latter, Lieut. Col. Conner and Lieut. McClary were killed, with a great number of their men; and Col. Scammel was wounded. The con­sequence of these battles was the surren­der of Burgoyne's army. This grand object being attained, the New-Hamp­shire regiments performed a march of forty miles, and forded the Mohawk river, below the falls, in the space of four­teen hours. The design of this rapid [Page 421] movement was to check the progress of a detachment, commanded by the British General Clinton; who threatened Albany with the same destruction which he had spread in the country below; but on hear­ing the fate of Burgoyne, he returned quietly to New-York. The regiments then marched into Pennsylvania and passed the winter in huts at Valley-sorge. Beside those officers slain at the northward, we sustained a loss in the death of Major Ed­ward Sherburne, Aid de Camp to General Sullivan, who was killed in a bold, but unsuccessful action at Germantown.

After the capture of Burgoyne's army, all danger of invasion from Canada ceased;1778. and the theatre of the war was removed to the southward. The troops of New-Hampshire, being formed into a distinct brigade, partook of all the services and sufferings, to which their brethren were exposed. In the battle of Monmouth, a part of them were closely engaged, under the conduct of Col. Cilley and Lieut. Col. Dearborn; and behaved with such bravery as to merit the particular approbation of their illustrious General. They continu­ed with the main body, all that campaign, and were hutted, in the following winter, at Reading.

[Page 422]In the summer of 1778, when a French fleet appeared on our coast, to aid us in the contest with Britain; an invasion of Rhode-Island, then possessed by the British, was projected, and General Sullivan had the command. Detachments of militia and volunteers, from Massachusetts and New-Hampshire, formed a part of his troops. But a violent storm, having pre­vented the co-operation of the French fleet, and driven them to sea; the army, after a few skirmishes, was under the disagreea­ble necessity of quitting the island; and the retreat was conducted by Sullivan with the greatest caution and prudence.

When an expedition into the Indian country was determined on,1779. General Sul­livan was appointed to the command, and the New-Hampshire brigade made a part of his force. His route was up the river Susquehanna into the country of the Sene­kas; a tract imperfectly known, and into which no troops had ever penetrated. The order of his march was planned with great judgment, and executed with much regularity and perseverance. In several engagements with the Savages, the troops of New-Hampshire behaved with their usual intrepidity. Capt. Cloyes and Lieut. McAulay were killed, and Major Titcomb [Page 423] was again badly wounded. The provi­sions of the army falling short, before the object of the expedition was completed, the troops generously agreed to subsist on such as could be found in the Indian coun­try. After their return, they rejoined the main army, and passed a third winter in [...]uts, at Newtown in Connecticut. In the [...]tter end of this year Sullivan resigned his command and retired.

In the following year,1780. the New-Hamp­shire regiments did duty at the important post of West-Point, and afterward march­ed into New-Jersey, where General Poor [...]ed. Three regiments of militia were em­ployed in the service of this year. The fourth winter was passed in a hutted can­ [...]onment, at a place called Soldier's For­tune, near Hudson's river. In the close of this year, the three regiments were re­duced to two, which were commanded by the Colonels Scammel and George Reid.

The next year, a part of them remained in the State of New-York,1781. and another part marched to Virginia, and were pres­ent at the capture of the second British army, under Earl Cornwallis. Here the brave and active Col. Scammel was killed. In the winter, the first regiment, com­manded by Lieut. Col. Dearborn, was [Page 424] quartered at Saratoga,1782. and the second on Mohawk river; in which places they were stationed, till the close of the following year; when the approach of peace relaxed the operations of war. In a few months, the negotiations were so far advanced, that a treaty was made; and the same royal lips, which from the throne had pronounc­ed us 'revolted subjects,' now acknowledg­ed us as 'FREE AND INDEPENDENT STATES.'

THE war in which we became involv­ed with Britain, found us not des­titute of resources, but unskilled in the art of finance. Former wars had been maintained by a paper currency; which, though it depreciated in some measure, yet was finally redeemed by the reimburse­ments which we received from the British Treasury. We had been also used to issue bills on loan, and receive landed property as security for its redemption. To the same mode we had recourse on this occa­sion, without either of the foundations on which our former currencies had been supported. Bills of credit were emitted with no other fund for their redemption than taxation, and that deferred to distant periods. It was imagined that the justice of our cause, and the united ardor and patriotism of the people, would preserve the value of these bills during the contest which we were very sanguine would be short; and in fact the circulation of them [Page 426] for the first year was supported by no other means.1776. But being counterfeited, they began to depreciate, and then it was thought necessary to enact a law against forging them, and to make them a legal tender in all payments. [...]ly 3. In some of the States, these bills were made a tender for the interest, but not for the principal of former debts; but in New-Hampshire, if the creditor should refuse them when of­fered in payment, the whole debt was cancelled. Had this law regarded future contracts only, every man would have known on what terms to make his en­gagements; but to declare it legal to pay debts, already contracted, with money of an inferior value, was altogether unjust. It was not in human power to prevent a depreciation of the bills; and the enforcing of their currency accelerated the destruc­tion of their value. The fraudulent debtor took advantage of this law to cheat his creditor, under colour of justice; whilst the creditor had no other refuge, than in some cases privately to transfer the written obligation; and in other cases to refuse the tender, at the risque indeed of losing the debt; but in hope that justice would at some future time have its course. Hus­bandmen, who lived remote from the scene [Page 427] of hostilities, and who had the produce of the earth at their command, were able to keep their property good. Hawkers and monopolisers, who crept from obscurity and assumed the name of merchants, could even increase their substance in these peril­ous times. But those persons whose prop­erty was in other men's hands; or whose living depended on stated salaries; or whose honest minds could not descend to practise knavery, though established by law, were doomed to suffer.

To palliate these evils, at one time, a law was enacted against monopoly and extortion; and when found impracticable,1777. it was repealed. At other times, the prices of different articles were stated un­der severe penalties; but ways were soon found to evade these establishments; and when found ineffectual, the laws were repealed. It is not consistent with the nature of commerce to bear such restric­tions; and the laws increased the evils which they pretended to cure. At another time public sales by auction were prohibit­ed, because it was said that they were the means of depreciating the currency; but in fact they served only to demonstrate its real value. There was a disposition in the governing part of the people to keep [Page 428] out of sight the true cause of this grow­ing mischief. Even the general Congress, in a public address which they ordered to be read in the congregations,Circular letter of Sept. 1 [...], 1779. assembled for religious worship, after saying much in praise of paper money, told us, that it was ‘the only kind of money whi [...] could not make to itself wings and fly away.’ Had this been intended as the language of bur­lesque, it might have been received with a smile; in any other sense, it was an insult to the feelings of honest men.

In the midst of these distresses, frequent meetings of different bodies of men were held, to consult on some practicable modes of relief. Committees of counties, and of different States, at various times, formed projects, and issued public addresses; but palliatives in this, as in all other cases, soon lost their efficacy. From one of these Conventions, holden at Springfield, and composed of delegates from the New-Eng­land States and New-York;July and August. MS mi­nutes of Conven­tion. a letter was addressed to the general Congress, which put them on devising means to surmount the existing difficulties. Among other ex­pedients they recommended effectual tax­ation, the opening of loan-offices, and that the States individually should emit no more bills of credit. These were salutary [Page 429] proposals; but the most notable effect of this letter was a recommendation from Congress to the several States ‘to confis­cate and make sale of all the real and personal estates of such of their inhabitants and other persons as had forfeited the same,Journal of Congress, Nov. 27. and the right to the protection of their respective States; and to invest the money arising from the sales in conti­nental loan certificates, to be appropria­ted as the respective States should di­rect.’

This was a delicate point, and required the most critical discussion. It involved a question of national law; and some per­sons who were acquainted with the subject, thought such a step not only illegal, but impolitic and dangerous. In cases of war between independent nations,Vatte [...] acknow­ledging no common superior, the acquisi­tion of immoveable property is not com­plete till confirmed by a treaty of peace. The war between America and Britain was so far a war between two independent na­tions, that the common laws of war ought to have been observed. Had the estates of absentees been taken into possession, and the income arising from them been applied to the support of the war; and had the question of property remained undecided [Page 430] till the conclusion of a peace, there is no doubt that the State would have been a gainer both in reputation and interest; but when we were daily cheating and de­ceiving ourselves with a fraudulent paper medium, it is not strange that the voice of justice toward those whom we deemed our enemies could not be heard.

The first step toward executing this re­commendation of Congress,1778. was an act proscribing certain persons, to the number of seventy-six, who had at various times, and for various reasons, quitted this State. These were forbidden to return without leave, under the penalty of transportation; and in case of a second return, they were to suffer death.

The next step, was to confiscate the whole estate, real and personal, of twenty-eight of the proscribed; of whom it was declared that they had ‘justly forfeited all right to protection from the State; and also their right to any farther enjoyment of their interest and property within it.’

In these acts, no distinction was made between those persons who had withdrawn themselves from the State, by a sense of their duty; those who were in fact British subjects, but occasionally resident here; those who had absconded through timidity; [Page 431] and those who had committed crimes a­gainst express law, and had fled from jus­tice. No conditional offer of pardon was made; no time was allowed for any to re­turn and enter into the service of the coun­try; but the whole were put indiscrimi­nately into one black list, and stigmatised as ‘having basely deserted the cause of lib­erty, and manifested a disposition inimical to the State, and a design to aid its ene­mies in their wicked purposes.’

Some persons who had legal demands on these estates, had for the security of their debts laid attachments on them; but by another act, all attachments which had been made since the commencement of hostilities, were declared null and void, and the Courts were required to dismiss them.

Trustees were appointed in each county to take possession of all these estates, real and personal; and to sell the personal im­mediately at public auction; with a dis­cretionary power to leave out of the sale, such articles as they should deem necessary, to the support of the families of the pro­scribed. To preserve some farther appear­ance of justice, the creditors of these estates, though they were not allowed to bid at the auctions without payment, were or­dered [Page 432] to exhibit their claims to the trustees, and in cases of insolvency, all claims were to be settled by the Judges of Probate.

Whilst the settlement of these estates was going on, the money was rapidly de­preciating. After the year 1777, the State issued no more bills, and the former were called in and exchanged for Treasurer's notes on interest, of a value not less than five pounds. The Continental bills con­tinued passing and depreciating till the spring of 1781, when suddenly, and by general consent, they went out of circula­tion, and solid coin succeeded in their place. Then a scale of depreciation for the pre­ceding years of the war was framed, and all past payments were regulated by it. The treaty of peace obliged us to proceed no farther in the matter of confiscations. By a subsequent act, the Judges of Probate were empowered to liquidate by the scale of depreciation,March 1▪ 1783. the sums paid into the Treasury by the Trustees; to receive claims against the estates, and to adjust and cer­tify the same to the President, who was authorised to order the Treasurer, to issue notes, bearing interest from the time when the said sums were paid into the Treasury; [...] the [...]editors were to receive [...] if any of the estates [Page 433] should prove insolvent, then the creditors were to receive their average. In this manner some of these estates have been settled and the creditors paid; others re­main unsettled. Some of them barely paid the expenses of their management; others were rendered insolvent. The estate of the late Governor paid all the demands upon it excepting that of his father; who generously withdrew his claim that the other creditors might be paid in full.^* [Page 434] The clear profit to the State from all these confiscations, as far as it has been ascer­tained, is inconsiderable.

Power, when delegated without restric­tions, and for the abuse of which the delegate is not held accountable, has a strong tendency toward despotism. The temporary constitution which we had a­dopted at the beginning of the war, was found, by experience, to have many im­perfections; and the necessity of checks and exclusions became every day more evi­dent. Other States were forming consti­tutions on certain established principles, and defining their rights as a preliminary to the delegation of power. An attempt of the like kind was made in New-Hamp­shire.1779. A convention of delegates, chosen for the purpose, drew up and sent abroad a system of government; but so deficient was it in its principles, and so inadequate in its provisions, that being proposed to [Page 435] the people, in their town-meetings, it was rejected. Another convention was ap­pointed, which had more advantage than the former, the neighbouring State of Massachusetts having digested and adopted a constitution, which was supposed to be an improvement on all which had been framed in America. This convention had no less than nine sessions,From June 1781, to Oct. 1783. and continued for more than two years. In the first plan of government which they composed, they distinctly stated the alienable and unalien­able rights of the people. They divided the government into three branches, le­gislative, executive and judicial, and defin­ed the limits of each. The legislative branch was composed of a Senate and House of Representatives. The Senate was to consist of twelve persons,1781. five for the county of Rockingham, two for Straf­ford, two for Hillsborough, two for Che­shire and one for Grafton. These were to be voted for in town-meetings, and the votes sealed and returned to the Secretary's office. The number of Representatives was limited to fifty, and apportioned a­mong the counties, thus; twenty for Rockingham; eight for Strafford; ten for Hillsborough; eight for Cheshire; and four for Grafton. These were to be elect­ed [Page 436] by County Conventions, consisting of one delegate for every fifty rateable polls. This mode was recommended, to prevent those interested views and that party spirit, which too often-appear in single towns in the election of Representatives. The ex­ecutive power was vested in a Governor, whom the convention, in their address to the people, described in the following terms: ‘They have arrayed him with honors, they have armed him with power and set him on high; but still he is only the right hand of your power, and the mirror of your majesty.’ But though armed with power and liable to be im­peached for misconduct, he was shrouded from responsibility, by a Council, without whose advice he could not take one step of any importance. The judicial depart­ment was to be appointed by the executive and supported by the legislative; but the Judges were removeable for misconduct, by the Governor and Council, on the address of both Houses of the Legislature. Justices of the Peace were to hold their commis­sions five years only. Provision was made for the exclusion of persons from holding several offices at the same time; the reason of which was thus expressed. ‘Besides the interference of several offices held by [Page 437] the same person in point of time, which we have seen, and the difficulty of one man's giving his attention to many mat­ters sufficiently to understand them all, which we have too often felt; there is a still stronger reason, which is the diffi­culty of a man's preserving his integrity in discharging the duties of each.’ The encouragement of literature was also re­commended as essential to the preservation of a free government, and it was declared to be the duty of legislators to cherish its interests.

This plan was printed and sent to every town.Sept. 14. The inhabitants were requested to state their objections distinctly to any par­ticular part, and return them at a fixed time. The objections were so many and so various, that it became necessary to alter the form and send it out a second time. The name of Governor, and most of his powers, were still retained;1782. but the mode of representation was altered.Aug. 21. Instead of being elected, by county conventions, the Representatives were to be chosen imme­diately by the towns; every incorporated township containing one hundred and fif­ty rateable polls, having the privilege of choosing one; and every one containing four hundred and fifty, of choosing two. [Page 438] Particular attention was given to the mode of appointing officers of militia. Instead of superior officers being chosen by their inferiors, and inferior officers by the pri­vates, as had been practised since the be­ginning of the war, the order of appoint­ment was reversed, and the privates had no power of choice at all. This was said to be nece [...]ary to the preservation of har­mony, subordination and discipline. The second plan being sent out was generally approved; but it was not completed at the time when the news of peace arrived. The old form having expired with the war, it was,1783. by the votes of the people in their town-meetings,March and April. revived and continued for one year longer. In the following autumn, the new form was finished;Oct. 31. and the name of Governor being changed to President, it was a third time printed and declared to be 'the civil constitution for the State of New-Hampshire.' It took place on the second day of the following June,1784. and was introduced at Concord by a religious solemnity, which has since been repeated at every annual election.

To the convention which formed this constitution several towns in the western part of the State did not send delegates. The cause of this omission, and of some [Page 439] other eccentricities in the conduct of the people in that quarter must now be ex­plained.

The inhabitants of the district on the western side of Connecticut river, which was severed from New-Hampshire in 1764, had been engaged in a long and bitter controversy with the government of New-York. They had even been oblig­ed to have recourse to arms in defence of their estates; and frequent acts of violence had been committed. There was among them a set of intrepid men, ready to en­counter dangers, and trained to hardy en­terprise. At the commencement of hostil­ities, by the advice of some principal op­posers of the British Government, in the other Colonies, a company of those people styling themselves Green Mountain Boys, marched to Ticonderoga, and wrested that fortress, together with Crown-Point,1775. out of the hands of the British garrisons. A regiment of them was embodied by order and in the pay of the general Congress. Their exertions in the common cause were meritorious and their services were accept­able.

Soon after the declaration of indepen­dence,1776. the inhabitants of that territory as­sembled in convention to consider their [Page 440] peculiar situation and concert measures for their safety. The opportunity which then presented for a change in their poli­tical connexions, was too precious to be lost. By the dissolution of the bonds which had held America in subjection to the Crown of Britain, they conceived themselves free from the government of New-York, to which the most of them had never voluntarily submitted; and, be­ing as they said, reduced to ‘a state of nature,’ they thought that they had a right to form such connexions as were a­greeable to themselves. Accordingly they made and published a declaration; ‘that they would at all times consider them­selves as a free and independent State;1777. Jan. 15. capable of regulating their own internal police; that they had the sole exclusive right of governing themselves, in such manner as they should choose, not re­pugnant to the resolves of Congress; and that they were ready to contribute their proportion to the common defence.’ Under the influence of these principles, they formed a plan of government and a code of laws, and petitioned Congress to receive them into the union.

The inhabitants on the eastern side of Connecticut river were very conveniently [Page 441] situated to unite with those on the western side,1778. and many of them had the same prin­ciples and views. They argued that the original grant of New-Hampshire to Ma­son was circumscribed by a line drawn at the distance of sixty miles from the sea; that all the lands westward of that line, being royal grants, had been held in sub­jection to the government of New-Hamp­shire by force of the royal commissions, which were vacated by the assumed inde­pendence of the American Colonies; and therefore that the inhabitants of all those lands had 'reverted to a state of nature.Observa­tions on the [...] ju­ [...]diction over N [...]. Grants. Printed 1778.' By this expression, however, they did not mean that each individual was reduced to such a state; but that each town retained its corporate unity, unconnected with any superior jurisdiction. They distinguished between commissions derived from the King, which were revokable at his pleasure,Public de­fence of the right of N. Hampshire Grant [...] [...]. Printed 1779. and incorporations held on certain condi­tions, which being performed, the powers and privileges granted by the incorpora­tions were perpetual. They asserted that jurisdictions established by royal commis­sions could bind a people together no lon­ger than the force which first compelled continues to operate; but when the coer­cive power of the King was rejected, and [Page 442] its operation had ceased, the people had a right to make a stand at the first legal stage, viz. their town incorporations. T [...]ese by universal consent were held sacred; hence they concluded that the major part of each one of those towns had a right to control the minor part; and they consider­ed themselves as so many distinct corpora­tions, until they should agree to unite in one aggregate body.

In these sentiments the people were not all united. The majority of some towns was in favor of their former connexion, and in those towns where the majority in­clined the other way, the minority claim­ed protection of the government.

They supposed that the existence of their town-incorporations, and of the privileges annexed to them, depended on their union to New-Hampshire; and that their accept­ance of the grants was in effect an ac­knowledgment of the jurisdiction, and a submission to the laws of the State; from which they could not fairly be disengaged without its consent; as the State had never injured or oppressed them.

Much pains, were taken, by the oth­er party, to disseminate the new ideas. Conventions were held, pamphlets were printed, and at length a petition was [Page 443] drawn in the name of sixteen towns^* on the eastern side of Connecticut river, re­questing the new State, which had assumed the name of VERMONT, to receive them into its union, alleging,MSS in N. Hampshire fi [...]es. ‘that they were not connected with any State, with res­pect to their internal police.’ The As­sembly at first appeared to be against re­ceiving them; but the members from those towns which were situated near the river on the west side, declared that they would withdraw and join with the people on the east side, in forming a new State. The question was then referred to the people at large, and means were used to influence a majority of the towns to vote in favor of the union,June 11. which the Assembly could not but confirm. The sixteen towns were ac­cordingly received; and the Vermont As­sembly resolved, that any other towns on the eastern side of the river might be ad­mitted on producing a vote of a majority of the inhabitants, or on the appointment [Page 444] of a Representative. Being thus admitted into the State of Vermont, they gave no­tice to the government of New-Hampshire, of the separation which they had made, and expressed their wish for an amicable settlement of a jurisdictional line,June 25. and a friendly correspondence.

The President of New-Hampshire, in the name of the Assembly,Aug. 22. wrote to the Governor of Vermont, claiming the sixteen towns as part of the State, the limits of which had been determined prior to the revolution; reminding him that those towns had sent delegates to the convention in 1775; that they had applied to the As­sembly for arms and ammunition, which had been sent to them; that their military officers had accepted commissions and obey­ed orders from the government; that the minority of those towns was averse to a disunion, and had claimed protection of the State, which the Assembly thought themselves bound to afford; and beseech­ing him to use his influence with the As­sembly of Vermont to dissolve the newly formed connexion.

At the same time, the President wrote to the delegates of the State in Congress;Aug. 19. desiring them to take advice and endeavour to obtain the interposition of that body; [Page 445] intimating his apprehension, that without it, the controversy must be decided by the sword, as every condescending measure had been used from the beginning and re­jected.

The Governor and Council of Vermont sent a messenger to Congress to see in what light the new State was viewed by them. On his return he reported, that the Con­gress was unanimously opposed to the u­nion of the sixteen towns with Vermont; otherwise they (excepting the delegates of New-York) had no objection to the inde­pendence of the new State.

At the next session of the Vermont As­sembly at Windsor,October. when the Representa­tives of the sixteen towns had taken their seats, a debate arose on a question, whether they should be erected into a new county, which passed in the negative. Conceiving that they were not admitted to equal pri­vileges with their brethren, the members from those towns withdrew; and were fol­lowed by several others belonging to the towns adjoining the river on the west side. They formed themselves into a convention, and invited all the towns on both sides of the river to unite, and set up another State by the name of New-Connecticut. This secession had nearly proved fatal to the [Page 446] State of Vermont. A ridge of mountains which extends from south to north through that territory, seemed to form not only a natural, but a political line of division. A more cordial union subsisted between the people on the eastern side of the Green Mountains, and the eastern side of Connec­ticut river, than between the latter and those on the western side of the mountains; but these alone were insufficient, without the others, to make a State. The Gover­nor, and other leading men of Vermont, who resided on the west side of the Moun­tains, wrote letters to the Assembly of New-Hampshire, informing them of the separation, and expressing their disappro­bation of a connexion with the sixteen towns. The Assembly regarded these let­ters as ambiguous, and as not expressing a disinclination to any future connexion with them. Jealousy is said to be a re­publican virtue; it operated on this oc­casion, and the event proved that it was not without foundation.

A convention of delegates from several towns on both sides of the river assembled at Cornish and agreed to unite,Dec 9. without any regard to the limits established by the King in 1764; and to make the following proposals to New-Hampshire, viz. either [Page 447] to agree with them on a dividing line, or to submit the dispute to Congress, or to arbitrators mutually chosen. If neither of these proposals were accepted, then, in case they could agree with New-Hamp­shire on a form of government, they would consent that ‘the whole of the grants on both sides of the river should connect themselves with New-Hampshire, and become one entire State, as before the royal determination in 1764.’ Till one or other of these proposals should be com­plied with, they determined ‘to trust in Providence and defend themselves.’

An attempt was made in the following year to form a constitution for New-Hampshire,1779. in which the limits of the State were said to be the same as under the royal government, ‘reserving never­theless our claim to the New-Hampshire Grants west of Connecticut river.’ Tho' this form of government was rejected by a majority of the people; yet there was a disposition in a great part of the Assembly to retain their claim to the whole of the grants westward of the river. At the same time the State of New-York set up a claim to the same lands, and it was suspected, perhaps not without reason, that intrigues were forming to divide Vermont between [Page 448] New-Hampshire and New-York, by the ridge of mountains which runs through the territory. Certain it is that the Ver­montors were alarmed; and, that they might have the same advantage of their adversaries, they extended their claim west­ward into New-York and eastward into New-Hampshire; and thus not only the sixteen towns, but several other towns in the counties of Cheshire and Grafton, be­came incorporated with Vermont by ‘ar­ticles of union and confederation.’

It is not easy to develope the intrigues of the several parties, or to clear their transactions from the obscurity which sur­rounds them.^* He who looks for con­sistency in the proceedings of the Conven­tions and Assemblies which were involved in this controversy, will be disappointed. Several interfering interests conspired to perplex the subject. The people on the western side of the Green Mountains, wish­ed to have the seat of government among them. Those adjoining Connecticut riv­er, on both sides, were desirous of bring­ing the centre of jurisdiction to the verge [Page 449] of the river. The leading men in the eastern part of New-Hampshire, were averse to a removal of the government [...]om its old seat. Vermont had assumed [...]ndependence; but its limits were not de­ [...]ned. New-York had a claim on that [...]erritory as far as Connecticut River, from which there was no disposition to recede. That State had been always opposed to the independence of Vermont. New-Hampshire at first seemed to acquiesce in it; and some letters which the President wrote to the Governor of Vermont, when threatened with invasion in 1777, were understood as an acknowledgment of it. Had there been no attempt to unite with the towns on the eastern side of the river, New-Hampshire would perhaps never have opposed the independence of Ver­mont. But the Assembly was afterward in­duced to claim all that territory, [...]ich before the year 1764, had been supposed to be within the limits of the State. This interfered with the claim of New-York; and at the same time Massachusetts put in a claim to a part of Vermont. The con­troversy had become so intricate, that it was thought necessary to be decided by Congress; and application being made to that body,Sept. 24. they recommended to the three [Page 450] States of New-York, Massachusetts and New-Hampshire, to pass acts which should authorise Congress to determine their boundaries;Journals of Congress. and at the same time they advised the people of Vermont to relin­quish jurisdiction over all persons on the west or east sides of Connecticut river, who had not denied the authority of New-York and New-Hampshire; and to ab­stain from granting lands, or confiscating estates, within their assumed limits, till the matter should be decided. The States of New-York and New-Hamp­shire passed these acts; but Massachu­setts did not. The Vermont Assembly proceeded in granting lands and confiscat­ing estates; and Congress could only re­solve that their proceedings were unwar­rantable.

It was necessary that nine States should be present in Congress, beside those whose claims were to be heard. A deficiency in the representation caused a long delay; but after the expiration of another year the question was brought on. The claims of New-York and New-Hampshire were put in;1780. Sept [...]. and both pleaded that Vermont had no right to independence. The agents of the new State asserted their right, and [Page 451] offered to become part of the union; in­timating, that if they could not be ad­mitted, they should be reduced to the ne­cessity of making the best terms with the British government.^*

The cause was farther perplexed by a constitutional question, whether Congress had any power to form a new State with­in the limits of the union?1781. The decision was deferred; and after eleven months,Aug. 2 [...]. Congress had proceeded no farther, than to lay it down as an indispensable prelimi­nary, to the recognition of Vermont, as a member of the union; that they should ‘explicitly relinquish all demands of land and jurisdiction on the east side of Con­necticut river, and on the west side of a [Page 452] line drawn twenty miles eastward of Hud­son's river to Lake Champlain.’

When this resolution was laid before the Assembly of Vermont,Oct. 19. which met at Charlestown,MS copy of Vermont resolve [...], in N. Hamp­shire files. they determined to ‘remain firm in the principles on which they first assumed government, and to hold the ar­ticles of union inviolate; that they would not submit the question of their inde­pendence to the arbitrament of any power whatever; but they were willing at present to refer the question of their jurisdictional boundary to Commission­ers mutually chosen, and when they should be admitted into the American union, they would submit any such dis­putes to Congress.’

The state of society within the seced­ing towns, at this time, was very unhappy. The majorities attempted to control the minorities; and these were disposed not to submit, but to seek protection of the government with which they had been connected. At the same time and in the same place, Justices, Sheriffs and Con­stables, appointed by the authority of both States, were exercising jurisdiction over the same persons. Party rage, high words and deep resentment, were the effect of these clashing interests. An affray [Page 453] which began in the town of Chesterfield, threatened a scene of open hostility, be­tween the States of New-Hampshire and Vermont.

A Constable, appointed by the authori­ty of Vermont, had a writ, in an action of debt against a man who was in the in­terest of New-Hampshire. He found the man in company with a number of peo­ple of his own party,Nov. 14. and attempted to arrest him. The owner of the house in­terposed.MS depo­sit [...]ns and letters in the files. The Constable produced a book which he said contained the laws of Ver­mont, and began to read. The owner of the house forbad him. Threatening words were used; and the officer was compelled to re­treat. By a warrant from a Vermont Justice, the householder, and another of the company, were committed to prison in Charlestown. They sent a petition to the Assembly of New-Hampshire for re­lief.Nov. 2 [...] The Assembly empowered the com­mittee of safety to direct the Sheriff of Cheshire to release the prisoners; they far­ther empowered the committee to cause to be apprehended and committed to pri­son, in any of the counties, all persons acting under the pretended authority of the State of Vermont, to be tried by the Courts of those counties where they might [Page 454] be confined; and for this purpose the Sheriffs were empowered to raise the posse Comitatus.

In attempting to release the two prison­ers from Charlestown gaol, the Sheriff himself was imprisoned by the Vermont Sheriff, under the authority of a warrant from three Justices. The imprisoned She­riff applied to a Brigadier General of New-Hampshire, to raise the militia for his liberation. This alarmed the Ver­monters; and orders were issued by the Governor for their militia to oppose force with force.1782. A committee of Vermont was sent to Exeter, [...] ‘to agree on measures to prevent hostilities.’ One of this com­mittee was the Vermont Sheriff; he was immediately arrested and thrown into prison at Exeter, and there held as a hos­tage for the release of the Sheriff of Che­shire. The Assembly issued a proclama­tion, allowing forty days for the people in the revolted towns to repair to some Magistrate of New-Hampshire, and sub­scribe a declaration, that they acknow­ledged the extent of New-Hampshire to Connecticut river; and that they would demean themselves peaceably as good cit­izens of the State. They also ordered [Page 455] the militia of all the counties to hold themselves in readiness to march against the revolters.

Whilst affairs wore such a threatening aspect between the two States, means were used at Congress to take up the contro­versy on more general ground. A com­mittee, who had under consideration the affair of admitting Vermont into the union and determining its boundaries, prevailed on General Washington, then at Phila­delphia,Jan. 1▪ to write to the Governor of Ver­mont, advising to a relinquishment of their late extension, as an ‘indispensible pre­liminary’ to their admission into the u­nion; intimating also, that upon their non-compliance, they must be considered as having a hostile disposition toward the United States,Append [...]x▪ No. 6. in which case coercion on the part of Congress, however disagreea­ble, would be necessary.

This letter had the desired effect. The Assembly of Vermont, taking advantage of the absence of the members from the eastern side of the river,Feb. 2 [...] obtained a major­ity for complying with the preliminary, and resolved, ‘that the western bank of Connecticut river on the one part, and a line drawn from the north-west corner of Massachusetts, northward, to Lake Cham­plain [Page 456] on the other part, be the eastern and western boundaries of the State of Vermont, and that they relinquished all claim of jurisdiction without those limits.’ When the members from the eastern side of Connecticut river arrived, they found themselves excluded from a seat in the Assembly, and took their leave with some expressions of bitterness.

After this compliance, it was expected that Vermont would be admitted into the union, and the question was solemnly put in Congress;April 14. but a majority decided a­gainst it; to the no small disappointment of many persons, beside the inhabitants of the disputed territory. The pretence for this decision was, that they had exceeded the limited time; but they had complied with the 'indispensible preliminary;' and the order of Congress, requiring it, stood unrepealed.

Though cut off from their connexion with Vermont, the revolted towns did not at once return to a state of peace; but the divisions and animosities which had so long subsisted, continued to produce disagreeable effects. The judicial Courts of New-Hampshire had sat without much interruption, in the counties of Cheshire and Grafton, whilst the officers of Ver­mont [Page 457] held jurisdiction also; but when the latter were excluded by the act of the Ver­mont Assembly, a spirit of opposition be­gan to arise against the sitting of the former.

When the Inferior Court was holden at Keene, a number of persons appeared,September. to oppose its proceedings, and effected their purpose so far as to make an adjourn­ment necessary; but three of the leaders of the opposition were arrested and bound over to the Superior Court. In the mean time efforts were made to raise a party who should oppose the Superior Court; and it was reported that two hundred men had associated and armed themselves for that purpose. On the morning be­fore the Court was opened,October. several of the leaders came to the Judges' chambers and presented a petition, praying, ‘that the Court might be adjourned, and that no judicial proceedings might be had, whilst the troubles in which the country had been involved still subsisted.’ They were told that the Judges could come to no de­termination on the subject, but in open Court. When the Court was opened, their petition was publicly read; and the consideration of it was postponed to the next day. The Court then proceeded to [Page 458] its common business. The Grand Jury being impannelled, the doors of the house where they met were kept open, whilst the Attorney General laid before them the case of the rioters at the inferior Court. A bill was found against them. They were arraigned, they pleaded guilty, and cast themselves on the mercy of the Court. The Court remitted their punishment on condition of their future peaceable beha­vior. This well judged combination of firmness and lenity disarmed the insurg­ents; and they quietly dispersed. From that time the spirit of opposition to gov­ernment in that quarter gradually abated; and the people returned to their connex­ion with New-Hampshire.

THE American revolution had been crowned with success, as far as it respected our emancipation from foreign jurisdiction, the establishment of forms of government among ourselves, and our de­liverance from war. It remained, to ac­commodate the mind [...] and manners of the people, under the new administration, to a regular course of justice, both public and private; to perfect the union of the States; and to establish a system of finance. These things were necessary to make the revolution complete.

The extremes of despotism on the one hand, and of licentiousness on the other, are equally to be avoided. In a just me­dium between these, a government well balanced and executed with vigor, is capa­ble of producing the most valuable bene­fits. To this point it was necessary to conduct our revolution. But it was equal­ly [Page 460] necessary, that it should proceed by slow degrees; that errors in principle should be gradually reformed; and that men should be taught, by their own ex­perience, the folly of relying on any sys­tem of politics, which, however supported by popularity, is not founded in recti­tude.

A large debt, accumulated by the war, remained to be discharged. For this pur­pose, requisitions were made by Congress, as well as by the State Government. Sil­ver and gold, which had circulated largely in the latter years of the war, were re­turning, by the usual course of trade, to those countries, whence large quantities of necessary and unnecessary commodities had been imported. Had any general system of import been adopted, some part of this money might have been retained, and some part of the public debt discharged; but the power of Congress did not extend to this object; and the States were not unit­ed in the expediency of delegating new and sufficient powers to that body. The partial imposts, laid by some of the States, were ineffectual, as long as others found their interest in omitting them. Recourse therefore was had to the usual mode of taxation on polls and estates; by which means, a heavy burden was laid on the [Page 461] husbandman and the labourer. Those who were punctual in their payments, saw no probable end of their exertions, whilst the negligence of others occasioned re­peated demands. Private creditors, who had suffered by long forbearance, were importunate for their dues; and the Courts of Law were full of suits.

The people who felt themselves distress­ed, held conferences with a view to devise means of redress. The most easy remedy which appeared to many of them, was a new emission of paper bills, funded on real estate, and loaned on interest. To effect this, petitions were addressed to the Legislature; and to remedy the grievance,1785. as far as it was occasioned by a debt of the State, an act was passed,Feb. 24. to draw into the Treasury all notes issued by the State, and give certificates for the interest, and for fifteen per cent. of the principal, an­nually; which certificates were to be re­ceived by the Treasurer for taxes, ‘in lieu of▪ and equal to silver and gold.’ By this means, it was expected that the debt would gradually be extinguished▪ and that the people would easily be enabled to pay at least one species of their taxes.

This was far from satisfying the com­plainants. The public securities, they [Page 462] said, were engrossed by rich speculators, and the poor were distressed for the means of paying their taxes and their private debts. The cry for paper money was incessant; and the people were called up­on in the public papers, ‘to assert their own majesty, as the origin of power, and to make their Governors know, that they are but the executors of the public will.’

To this clamor, the voice of reason and justice calmly answered; that it was not in the power of the Legislature to estab­lish any fund, which should secure paper money from depreciation; that there was so much paper then in circulation, and the time of its redemption was so distant, that the notes passed at a discount of sixty, and the certificates of twenty per cent; that if the quantity were increased, the depreciation would increase in proportion; that if bills were issued and made a tender in all payments, it would never be in the power of government to redeem them by silver and gold, because none could be collected; and in that case, no part of the continental or foreign debt could be discharged; that if bills were loaned on land security, it would be in the power of the public debtor to purchase the bills at [Page 463] a reduced value, and with them to make his payment at the Treasury, in which case, though the public chest might be filled with paper, yet the government would suffer all the embarrassment of poverty. It was added, that the Legisla­ture were by the Constitution expressly forbidden to make retrospective laws, and had no right to alter the nature of private contracts; and that should the majority of the people petition the government to make pap [...] a lawful tender, it would be their duty to reject the petition as uncon­stitutional. When it was proposed, that the paper should not be a tender for past but only for future contracts; it was answered, that this would not relieve the debtor, who was suffering for his past engagements, and the difficulties which it pretended to cure would still exist.

In vain were agriculture and manufac­tures, industry and frugality recommend­ed as the only adequate sources of re­lief; the complainants had no disposition to apply a remedy so slow in its operation; and indeed it was doubtful whether the utmost exertions in that way would have been sufficient, completely to extricate us out of these difficulties, without some al­teration in our confederated government.

[Page 464]Similar difficulties, at the same time, existed in the neighbouring State of Mas­sachusetts; to remedy which, among oth­er palliatives, a law was passed called a tender-act, ‘by which it was provided that executions issued for private demands,Minot's History of the Insur­rections, page 15. might be satisfied by cattle and other enumerated articles, at an appraisement of impartial men under oath.’ For such a law the discontented party in New-Hampshire petitioned; and to gratify them the Legislature enacted, that ‘when any debtor shall tender to his creditor,Nov. 8. in satisfaction of an execution for debt, either real or personal estate suffi­cient, the body of the debtor shall be exempt from imprisonment, and the debt shall carry an interest of six per cent; the creditor being at lib­erty either to receive the estate, so tendered, at a value estimated by three appraisers, or to keep alive the demand by taking out an alias, within one year after the return of any former execution, and levying it on any estate of the debt­or which he can find.’ At the same time an act was made, enlarging the power er of Justices of the Peace, to try and de­termine actions of debt and trespass to the value of ten pounds. These laws [Page 465] were complained of as unconstitutional; the former as being retrospective, and changing the nature of contracts; the lat­ter as depriving the creditor, in certain cases, of a right to trial by Jury. But so strong was the clamor for redress of griev­ances; and so influential was the exam­ple of the neighbouring State, that some of the best men in the Legislature found it necessary to comply; whilst another part were secretly in favor of worse mea­sures.

The tender-act, at first, was made for two years only; before the expiration of which it was revived, with some altera­tions, and continued for three years long­er. The effect of this law, in cases where an attempt was made to execute it, was, that the most valuable kinds of property were either concealed or made over to a third person; and when the Sheriff came with an execution, it was levied on such articles as were of little use to the credi­tor. But the most general effect of the law was to prevent any demand on the pa [...] of the creditor, and to encourage the debtor in neglecting payment.

The scarcity of money was still a griev­ance which the laws had not remedied,1786. but rather had a tendency to increase. [Page 466] To encourage its importation into the country the Legislature exempted from all port duties, except light-money, every ves­sel which should bring gold and silver only; and from one half of the duties, if a sum of money equal to one half of the cargo should be imported▪ But it was to no purpose to import money, unless en­couragement were given for its circula­tion, which could not be expected whilst the tender-act was in force; for every man who owned money thought it more secure in his own hands, than in the hands of others.

The clamor for paper currency increas­ed, and, like a raging fever, approached toward a crisis. In every town there was a party in favor of it, and the public pa­pers were continually filled with decla­mations on the subject. It was said that an emission of bills of credit would give a spring to commerce and encourage agri­culture; that the poor would be able to pay their debts and taxes; that all the ar­guments against issuing paper were fram­ed by speculators, and were intended to serve the wealthy part of the community, who had monopolised the public securi­ties, that they might raise their value and get all the good bargains into their own [Page 467] hands; that other States in the union had issued paper bills, and were rejoicing in the happy effects of their currency without any depreciation; that the people had a right to call upon their Representatives to stamp a value on paper, or leather, or any other substance capable of receiving an impression; and that to prevent its de­preciation, a law should be enacted to punish with banishment and outlawry, every person who should attempt by any means to lessen its value.^*

The same party who were so zealous in favor of paper currency, and against laws which obliged them to pay their debts, proceeded to inveigh against Courts and lawyers. The Inferior Courts were represented as sinecures for Judges and Clerks; the defaulting, appealing, demur­ring, abatements, fees and bills of costs, without any decision, were complained of [Page 468] as burdens, and an abolition of these Courts became a part of the popular cry. But the party did not content themselves with writing in the public papers. An attempt was made to call a convention, at Concord, whilst the Assembly was sit­ting there, who should petition the Le­gislature in favor of the plan; and it was thought, that the presence of such a body of men, convened at the same time and place, would have great weight. This attempt was defeated in a manner singu­lar and humorous.

At the first sitting of the Assembly, when five only of the members of the proposed convention were in town,June. some wags, among whom were several young lawyers, pretended to have been chosen by the towns in which they lived for the same purpose. In conference with the five, they penetrated their views, and per­suaded them to post an advertisement, for all the members who were in town to as­semble immediately; it being of the ut­most importance to present their petition as early in the session as possible. By this means, sixteen pretended members, with the five real ones, formed themselves into a convention, choosing one of the five their President, and one of the sixteen [Page 469] their Clerk. They carried on their de­bates and passed votes with much apparent solemnity. Having framed a petition, complaining in the most extravagant terms of their grievances; praying for a loan of three millions of dollars, funded on real estate; for the abolition of Inferi­or Courts, and a reduction of the num­ber of lawyers, to two only in a county; and for a free trade with all the world; they went in procession to the Assembly, (some of whom had been previously let into the secret) and with great formality presented their petition, which was suf­fered to lie on the table, and was after­ward withdrawn. The convention then dissolved; and when others, who had been really chosen by the towns arrived, they were exceedingly mortified on finding their views for that time so completely frus­trated.

The next effort of the party was to call County Conventions. Of what class of people these were composed, some idea may be formed from this circumstance. An innholder, at whose house one of these conventions first met, refused to take their promise for lumber to pay the expense of their meeting; upon which they adjourn­ed to a ware-house, belonging to one of [Page 470] the party, and were treated with liquor gratis.

From two of these conventions, and from several towns in different parts of the State, petitions were presented to the Legislature,Sept. 13. at their session in Exeter. On calm deliberation, these petitions appear­ed to be inconsistent with each other, with the constitution, with justice and public faith. But to still the clamor and collect the real sense of the people on the subject of paper currency; the Assembly formed a plan for the emission of fifty thousand pounds, to be let at four per cent. on land security; to be a tender in payment of State taxes, and for the fees and sala­ries of public officers. This plan was immediately printed, and sent to the sev­eral towns; and the people were desired to give their opinions in town-meetings for and against it, and to make return of their votes to the Assembly at their next session.

This [...] of proceeding did not coin­cide with [...] views of the party; the principal directors of which endeavoured to conceal themselves, whilst they persuad­ed a considerable number of persons of various characters, to appear openly in support of the petitions. They took [Page 471] pains to spread false reports through the country; and among other things, it was said that the Assembly had passed an act, to refund the value of the confiscated es­tates, which was to be immediately assess­ed on the people.

It must be observed, that at this time, causes of a similar nature had excited numbers of people in some counties of Massachusetts, to assemble in arms and prevent the Judicial Courts from sitting. This example, aided by false reports, and a sense of grievances, partly real and part­ly imaginary, operated so powerfully on the minds of a number of people, in the western part of the county of Rockingham; that on the morning of the twentieth of September,Sept. 20. about two hundred men as­sembled at Kingston, six miles from Exe­ter, where they chose leaders and procured a drum. By the help of some militia offi­cers they formed themselves into military order, and in the afternoon marched to Exeter; about one third of them being armed with muskets, and the others with swords and clubs. Having entered the confines of the town, they halted; and sent a paper to the Assembly, signed by one of them who styled himself modera­tor, demanding an answer to their former [Page 472] petition immediately. They then march­ed through the town, and paraded before the meeting-house, where both Houses of Assembly were holding a conference. The doors were open, and as many of them as were disposed, entered. The President, in a cool and deliberate speech, explained the reasons on which the Assembly had proceeded in rejecting the petitions; ex­posed the weakness, inconsistency and in­justice of their request; and said, that if it were ever so just and proper in itself, and if the whole body of the people were in favor of it, yet the Legislature ought not to comply with it, whilst surrounded by an armed force. To do this, would be, to betray the rights of the people, which they had all solemnly sworn to sup­port. He concluded by declaring, that no consideration of personal danger would ever compel them to violate the rights of their constituents.

This speech being ended, the drum beat to arms; as many as had guns were or­dered to load them with balls; sentries were placed at the doors, and the whole Legislature were held prisoners; the mob threatening death to any person who should attempt to escape, till their de­mands were granted. The Assembly went [Page 473] on with their business, taking no farther notice of the rioters, till the approach of evening; when the President attempted to go out, but was stopped by an impen­etrable column. He then reasoned with them, and warned them of the fatal ten­dency of their conduct, assuring them, that the force of the country would sup­port the government. Their answers to him were insolent and reproachful. They raised a cry for paper-money, an equal distribution of property, and a release from debts. The inhabitants of Exeter had all this time beheld with silence the insult offered to the Legislature; having no or­ders to take arms, they restrained their indignation, till the dusk of the evening; when some of them beat a drum at a dis­tance, and others cried, ‘Huzza for gov­ernment! Bring up the artillery!’ At the sound of these words the mob were struck with a panic, and began to disperse. Their moderator ordered them to meet again, at nine of the clock the next morn­ing, and they scattered in every direction.

The Assembly being thus at liberty, requested the President to call out the force of the State to quell the insurrection. In the evening he issued his orders, and before morning companies of militia, well [Page 474] armed, began to come in from the neigh­bouring towns. By ten of the clock in the morning a sufficient body of horse and foot,Sept. 21. with field-pieces and military music, having arrived; the President put them in motion against the insurgents, who were then parading, about a mile dis­tant. Having by their spies obtained in­telligence of the motion of the militia, the unarmed part of the insurgents re­treated to a hill beyond the river; the others kept their ground till a party of light-horse appeared in view, and then the whole body retired. Some of them were taken by the pursuers; others recov­ered the bridge at King's-fall, and being met by those who had first retreated, made an appearance as if they would dispute the passage. Orders were given by one of their leaders to fire; but the force of the government appeared so formidable that they dared not to obey. The officers of the militia rushed in among them, seiz­ed their moderator and others to the number of forty, the rest fled with pre­cipitation, and no farther pursuit was made. The prisoners were disarmed and conducted to the town; where they were brought to an examination before the President and Council. Had these men [Page 475] been engaged in a good cause, and com­manded by proper officers, they would have maintained the honor of their country, and fought her battles with ar­dor and perseverance; but, conscious that they were opposing a government of their own establishing, their native fortitude forsook them; and being taken in arms, they gave an example of the most humil­iating submission. Most of them pro­fessed to be ashamed of their conduct, and their shame appeared to be sincere.

The dignity of government being thus vindicated, its lenity was equally conspic­uous. Six only of the prisoners were detained, and a party of light-horse was sent to apprehend two others of the most culpable. They were taken out of their beds and brought to Exeter. This man­oeuvre had an excellent effect, for some, who knew themselves equally guilty, were afraid to sleep in their own houses. The Superior Court being then in session at Exeter,Sept. 25. these eight prisoners were arraigned on an indictment for treason. One drop­ping on his knees, pleaded guilty; others hesitated when they pronounced the words 'not guilty.' They were ordered to re­cognise for their appearance at the next Superior Court, when their bonds were [Page 476] discharged. Some of them, who belong­ed to the Presbyterian Churches, were cited before the ecclesiastical session, and there censured, as opposers of just gov­ernment. Others, being militia officers, were tried by a general Court Martial; of these, some were cashiered, but not in­capacitated for future service; some were reprimanded, and others were acquitted. The whole opposition was completely subdued; wavering minds became settled; converts were made to the side of govern­ment; and the system of knavery received a deep wound, from which it has not since recovered.

The plan which had been issued by the Assembly,1787. for emitting paper-money, was in course referred to the people, in their town-meetings; and at the next session the returns were made, when a ma­jority appeared against it.J [...]n. 4. To finish the whole matter, two questions were put in the Assembly. The first was, ‘whether the Legislature can, consistently with the constitution, and their oaths, pass an act making paper bills of credit, a tender to discharge private contracts, made prior to the passing such act?’ The other was, ‘whether paper-money be emitted on any plan which has been proposed?’ Both [Page 477] these questions were determined in the negative.

To observe the progress of wisdom and virtue, and the obstacles which are laid in the way of vice, is a most pleasing enter­tainment to the philanthropist; and it is but just, in such a contemplation, to ac­knowledge that superintending influence, which brings good out of evil. It was feared by many, that the American revo­lution would not produce that sum of po­litical happiness which its warmest advo­cates had fondly predicted. The efforts of faction in several of the States were very alarming. In New-Hampshire, the assault being made directly at the supreme head of the government, the force of the State immediately rose and crushed it. In Massachusetts, the attacks were made on the Judicial Courts, which of themselves had no power effectually to oppose them. The disaffection there rose to a higher de­gree; it was more extensively diffused, and with more difficulty quelled. But at length the constitutional powers of gov­ernment being exerted with vigor, the spirit of anarchy was suppressed. In an­other neighbouring State, the same spirit reigned triumphant. A depreciating cur­rency was established by law, and perti­naciously adhered to by the government.

[Page 478]The imbecility of the confederation by which the States were united, had long been felt, and some attempts had been making to strengthen it; but the view of our situation at this time demonstrated the total inefficacy of that constitution, to bind together thirteen distinct sove­reignties, over which no coercive power was established, which could prevent or cure such evils as threatened the destruc­tion of all public and private credit. Hap­pily for the American union, the remedy existed within itself. The good sense and public virtue of the great body of our citizens readily adopted the idea of a CONVENTION OF THE STATES. The first proposal came from Virginia, where American liberty was first publicly assert­ed, when it was flagrantly violated by the stamp-act. The name of Patrick Henry will ever be illustrious in the A­merican annals for moving the resolves of 1765; and the name of James Madison will be equally distinguished for proposing the Convention of 1787.

To this Convention, which was holden at Philadelphia, all the States, except one, sent their delegates. After a close and particular investigation, they produced a new federal Constitution; containing ad­equate [Page 479] remedies for those political disor­ders, which had threatened with extinction, the liberty and independence of the Amer­ican States.

Among other wise provisions, to estab­lish justice and secure the blessings of lib­erty, those which respect public and pri­vate credit are not the least conspicuous. To support the former, the Congress has a power which, by the first confederation, was not delegated, ‘to lay and collect tax­es, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the Unit­ed States.’ For the latter it is declared, that ‘no State shall coin money, emit bills of credit, make any thing but gold and silver coin a tender in payment of debts, pass any bills of attainder or ex post facto law, or any law impairing the obligation of contracts.’

When this new Constitution was pro­posed to the people, conventions were called in each State to consider it. In these bodies, composed of persons who represented impartially every class and description of the people, and who were themselves equally various in their prin­ciples, habits and views; the Constitution underwent the most critical and severe [Page 480] discussion. Whilst it was in debate, the anxiety of all parties was extended to the utmost degree, and the efforts of its friends and its opposers were unremitted.

After the Constitution had been, with the help of some proposed amendments,1788. adopt­ed by Massachusetts,Feb. 13. a convention was called at Exeter in New-Hampshire. At its first meeting, a debate which continu­ed ten days ended in an adjournment for four months; at the expiration of which term, in a short session of three days only at Concord,June 21. the question for adopting and ratifying the Constitution, was, with the same help as in Massachu­setts, carried in the affirmative, by a ma­jority of eleven; the whole number present being one hundred and three. This was the ninth State in the union which ac­cepted the Constitution; and thus the number was completed which was neces­sary to put in motion the political ma­chine. In about a month, two more States were added. Then a Congress was formed, and the illustrious WASHINGTON,1789. by the unanimous suffrage of the people, was placed in the first seat of government. Three other States, of which one is Ver­mont, have since been admitted into the union; and there is now in operation a [Page 481] general system of energetic government,1790. which pervades every part of the United States, and has already produced a sur­prising alteration for the better. By the funding of the Continental debt, and the assumption of the debts of the individual States, into one general mass, a founda­tion is laid for the support of public cred­it; by which means the American revolu­tion appears to be completed. Let it be the sincere prayer and endeavour of every thoughtful citizen, that such harmony may prevail between the general govern­ment, and the jurisdiction of each State, as the peculiar delicacy of their connexion requires; and that the blessings of ‘peace, liberty and safety,’ so dearly obtained, may descend inviolate to our posterity.